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THE 

JUDICIAL CODE 

OF THE 

UNITED STATES 


IN FORCE JANUARY 1, 1912 

(Including all amendments made prior to February 6, 1912) 



WASHINGTON 




/ 


THE 

JUDICIAL CODE 

J 

OF THE 

UNITED STATES 


IN FORCE JANUARY 1, 1912 

[Including all amendments made prior to February 6, 1912] 


COMMITTEE ON THE JUDICIARY 


House: of Representatives 
Henry D. Clayton, Alabama, Chairman 


Robert L. Henry, Texas 
Edwin Y. Webb, North Carolina 
Charles C. Carlin, Virginia 
William W. Rucker, Missouri 
William C. Houston, Tennessee 
John C. Floyd, Arkansas 
Robert Y. Thomas, Jr., Kentucky 
James M. Graham, Illinois 
H. Garland Dupre, Louisiana 
Martin W. Littleton, New York 

J. J. Speight, Clerk 

C. C. Brannen, Assistant Clerk 


Walter I. McCoy, New Jersey 
John W. Davis, West Virginia 
Daniel J. McGillicuddy, Maine 
John A. Sterling, Illinois 
Reuben O. Moon, Pennsylvania 
Edwin W. Higgins, Connecticut 
Paul Howland, Ohio 
Frank M. Nye, Minnesota 
George W. Norris, Nebraska 
Francis H. Dodds, Michigan 


PRINTED FOR THE USE OF THE HOUSE 
COMMITTEE ON THE JUDICIARY 


WASHINGTON 

1912 










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HI 2/ 

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A TABLE 


Showing Where the Sections 
Judicial 


Revised Statutes, section: 

530 . 

531 . 

532 . 

533 . 

534 . 

535 . 

536 . 

537 . 

538 . 

539 . 

540 . 

541 . 

542 . 

543 . 

544 .. 

545 .. 

546 .. 

547 .. 

548 .. 

549 . 

550 . 

551 . 

552 . 

554 . 

555 . 

558 . 

559 . 

562. 


563—Par. 1.par. 2 

Par. 2.par 2 

Par. 3.par. 9 

Par. 4.par. 1 

Par. 5.par. 5 

Par. 6.par. 9 

Par. 7.par. 6 

Par. 8.par. 3 

Par. 9.par. 3 

Par. 10.par. 10 

Par. 11.par. 12 

Par. 12.par. 14 

Par. 13.par. 15 

Par. 15.par. 16 

Par. 16.par. 17 

Par. 17.par. 18 

Par. 18.par. 19 


564 

567 

568 

569 

570 

573 

574 

575 

576 

578 

579 

580 
581. 

583. 

584. 

585. 

586. 
591. 


Revised Statutes, Carried into the 
Appear Therein. 


Section 

Revised Statutes, section: of code. 

592 . 14 

593 . 15 

594 . 16 

595 . 19 

596 . 17 

597 . 259 

598 . 13 

601. 20 

602. 22 

603 . 22 

604 . 116 

605 . 121 

606 . 119 

607 . 118 

608 . 117 

618 . 119 

619 . 124 

625. 80 

629—Par. 1.par. 1 24 

Par. 2.par. 1 24 

Par. 3.par. 1 24 

Par. 4.pars. 5, 6 24 

Par. 5.par. 9 24 

Par. 6. par. 3 24 

Par. 7.par. 4 24 

Par. 8.par. 10 24 

Par. 9.par. 7 24 

Par. 10.par. 16 24 

Par. 11.par. 16 24 

• Par. 12. par. 11 24 

Par. 13.par. 15 24 

Par. 16.par. 14 24 

Par. 17.par. 12 24 

Par. 18.par. 13 24 

Par. 19.par. 2 24 

Par. 20.par. 2 24 

641 . 31 

642 . 32 

643 . 33 

644 . 34 

645 . 35 

646 . 36 

647 . 30 

671 . 12 

672 . 12 

673 . 215 

674 . 216 

675 . 217 

676 . 218 

677 . 219 

678 . 221 

679 . 222 

680 . 224 

681 . 225 

682 . 226 

683 . 227 

684 . 230 

685 . 231 

686 . 232 

687 . 233 

688 . 234 

689 . 235 

690 . 236 


m 


OP THE 

Code, 

Section 

of code. 

69 

72 

70 

71 

76 

77 

79 

81 

88 

90 

91 

97 

97 

98 

100 

103 

105 

107 

108 

111 

114 

1 

1 

2 

3 

4 

80 

6 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

47 

62 

63 

64 

61 

7 

9 

76 

112 

10 

12 

8 

11 

12 

12 

12 

11 

13 


































































































































IV 


A TABLE 


Revised Statutes, section: 
702. 


t i 

. l 


703. 

705. 

707.. 

708. 

709. 

710. 

711.. 

712.. 

713.. 

714.. 

716.. 

717.. 

718.. 

719.. 

720.. 

723.. 

725.. 

726.. 

727.. 

728.. 

729.. 

730.. 

731.. 

732.. 

733.. 

734.. 

735.. 

736.. 

737.. 

738.. 

739.. 

740.. 

741.. 

742.. 

745.. 

746.. 

747.. 

748.. 

749.. 

800.. 
802.. 

803.. 

804.. 

805.. 
808. 


OF THE 

Revised 

Code, Appear Th 

Section | 

of code. 

Revised S 

245 

809.. 

249 

810.. 

250 

811.. 

242 

812.. 

243 

819.. 

237 

1049. 

253 

1050. 

256 

1052. 

257 

1053. 

258 

1054. 

260 

1055. 

262 

1056. 

261 

1057. 

263 

1058. 

264 

1059. 

265 

1061. 

267 

1062. 

268 

1063. 

269 

1064. 

270 

1065. 

271 

1066. 

40 

1067. 

41' 

1068. 

42 

1069. 

43 

1070. 

44 

1071. 

45 

1072. 

46 

1073. 

49 

1074. 

50 

1075. 

57 

1076. 

51 

‘ 1077. 

52 

1078. 

54 

1080. 

55 

1081. 

83 

1082. 

8 

1083. 

272 

1084. 

273 

1085. 

274 

1086. 

275 

1087. 

277 

1088. 

279 

1091. 

280 

1092. 

281 

1093. 

282 


Section 
of code. 

283 

284 

285 

286 
287 

136 

137 

138 

139 

140 

141 

142 

143 

144 

145 

146 

147 

148 

149 

150 

153 

154 

155 

156 

157 

158 

159 

160 
161 

163 

164 

165 
186 

166 

167 

168 

169 

170 

171 

172 

174 

175 

177 

178 

179 


i % 

i 





























































































































TABLE OF CHAPTERS AND SECTIONS. 


TITLE. 

The Judiciary. 
Chapter One. 


DISTRICT COURTS—ORGANIZATION. 


Sec. 

1. District courts established; appoint¬ 

ment and residence of judges. 

2. Salaries of district judges. 

3. Clerks. 

4. Deputy clerks. 

5. Criers and bailiffs. 

6. Records; where kept. 

7. Effect of altering terms. 

8. Trials not discontinued by new term. 

9. Court always open as courts of admi¬ 

ralty and equity. 

10. Monthly adjournments for trial of 

criminal causes. 

11. Special terms. 

12. Adjournment in case of nonattend¬ 

ance of judge. 

13. Designation of another judge in case 

of disability of judge. 

14. Designation of another judge in case 

of an accumulation of business. 


; Sec. 

15. When designation to be made by 

Chief Justice. 

16. New appointment and revocation. 

17. Designation of district judge in aid of 

another judge. 

18. When circuit judge may be desig¬ 

nated to hold district court. 

19. Duty of district and circuit judge in 

such cases. 

20. Wffien district judge is interested or 

related to parties. 

21. When affidavit of personal bias or 

prejudice of judge is filed. 

22. Continuance in case of vacancy in 

office. 

23. Districts having more than one judge; 

division of business. 


Chapter Two. 


DISTRICT COURTS—JURISDICTION. 


Sec. 

24. Original jurisdiction. 

Par. 1. Where the United States 
are plaintiffs; and of civil 
suits at common law or in 
equity. 

2. Of crimes and offenses. 

3. Of admiralty causes, seiz¬ 

ures, and prizes. 

4. Of suits under any law re¬ 

lating to the slave trade. 

5. Of cases under internal- 

revenue, customs, and 
tonnage laws. 

6. Of suits under postal laws. 

7. Of suits under the patent, 

the copyright, and the 
trade-mark laws. 

8. Of suits for violation of in¬ 

terstate-commerce laws. 

9. Of penalties and forfeitures. 

10. Of suits on debentures. 

11. Of suits for injuries on ac¬ 

count of acts done under 
laws of the United States. 

12. Of suits concerning civil 

rights. 

13. Of suits against persons hav¬ 

ing knowledge of conspir¬ 
acy, etc. 

14. Of suits to redress the de¬ 

privation, under color of 
law, of civil rights. 


Sec. 

24. Original jurisdiction—Continued. 

Par. 15. Of suits to recover certain 
offices. 

16. Of suits against national¬ 

banking associations. 

17. Of suits by aliens for torts. 

18. Of suits against consuls 

and vice consuls. 

19. Of suits and proceedings in 

bankruptcy. 

20. Of suits against the United 

States. 

21. Of suits for the unlawful 

inclosure of public lands. 

22. Of suits under immigra¬ 

tion and contract-labor 
laws. 

23. Of suits against trusts, 

monopolies, and unlaw¬ 
ful combinations. 

24. Of suits concerning allot¬ 

ments of land to Indians. 

25. Of partition suits where 

United States is joint 
tenant. 

25. Appellate jurisdiction under Chinese- 

exclusion laws. 

26. Appellate jurisdiction over Yellow¬ 

stone National Park. 

27. Jurisdiction of crimes on Indian reser¬ 

vations in South Dakota. 


v 






TABLE OF CHAPTERS AND SECTIONS 


Chapter Three. 

I ’ 

DISTRICT COURTS—REMOVAL OF CAUSES. 


Sec. 

28. Removal of suits from State to United 

States district courts. 

29. Procedure for removal. 

30. Suits under grants of land from differ¬ 

ent States. 

31 Removal of causes against persons de¬ 
nied any civil rights, etc. 

32. When petitioner is in actual custody 

of State court. 

33. Suits and prosecutions against reve¬ 

nue officers, etc. 


Sec. 

34. Removal of suits by aliens. 

35. When copies of records are refused by 

clerk of State court. 

36. Previous attachment bonds, orders, 

etc., remain valid. 

37. Suits improperly in district court may 

be dismissed or remanded. 

38. Proceedings in suits removed. 

39. Time for filing record; return of rec¬ 

ord, how enforced. 


Chapter Four. 


DISTRICT COURTS—MISCELLANEOUS PROVISIONS. 


Sec. 

40. Capital cases: where triable. 

41. Offenses on the high seas, etc., where 

triable. 

42. Offenses begun in one district and 

completed in another. 

43. Suits for penalties and forfeitures, 

where brought. 

44. Suits for internal - revenue taxes, 

where brought. 

45. Seizure, where cognizable. 

46. Capture of insurrectionary property, 

where cognizable. 

47. Certain seizures cognizable in any 

district into which the property is 
taken. 

48. Jurisdiction in patent cases. 

49. Proceedings to enjoin Comptroller of 

the Currency. 

50. When a part of several defendants can 

not be served. 

51. Civil suits; where to be brought. 

52. Suits in States containing more than 

one district. 

53. Districts containing more than one 

division; where suit to be brought; 
transfer of criminal cases. 

54. Suits of a local nature, where to be 

brought. 

55. When property lies in different dis¬ 

tricts in same State. 


Sec. 

56. When property lies in different States 

in same circuit; jurisdiction of re¬ 
ceiver. 

57. Absent defendants in suits to enforce 

liens, remove clouds on titles, etc. 

58. Civil causes may be transferred to an¬ 

other division of district by agree¬ 
ment. 

59. Upon creation of new district or divi¬ 

sion, where prosecution to be insti¬ 
tuted or action brought. 

60. Creation of new district, or transfer of 

territory not to divert lien; how 
lien to be enforced. 

61. Commissioners to administer oaths to 

appraisers. 

62. Transfer of records to district court 

when a Territory becomes a State. 

63. District judge shall demand and com¬ 

pel delivery of records of territorial 
court. 

64. Jurisdiction of district courts in cases 

transferred from territorial courts. 

65. Receivers to manage property accord¬ 

ing to State laws. 

66. Suits against receiver. 

67. Certain persons not to be appointed 

or employed as officers of courts. 

68. Certain persons not to be masters or 

receivers. 




TABLE OF CHAPTERS AND SECTIONS 


VII 


Chapter Five. 

DISTRICT COURTS—DISTRICTS, AND PROVISIONS APPLICABLE TO 

PARTICULAR STATES. 


Sec. 

69. Judicial districts. 

70. Alabama. 

71. Arkansas. 

72. California. 

73. Colorado. 

74. Connecticut. 

75. Delaware. 

76. Florida. 

77. Georgia. 

78. Idaho. 

79. Illinois. 

80. Indiana. 

81. Iowa. 

82. Kansas. 

83. Kentucky. 

84. Louisiana. 

85. Maine. 

86. Maryland. 

87. Massachusetts. 

88. Michigan. 

89. Minnesota. 

90. Mississippi. 

91. Missouri. 

92. Montana. 


Sec. 

93. Nebraska. 

94. Nevada. 

95. New Hampshire. 

96. New Jersey. 

97. New York. 

98. North Carolina. 

99. North Dakota. 

100. Ohio. 

101. Oklahoma. 

102. Oregon. 

103. Pennsylvania. 

104. Rhode Island. 

105. South Carolina. 

106. South Dakota. 

107. Tennessee. 

108. Texas. 

109. Utah. 

110. Vermont. 

111. Virginia. 

112. Washington. 

113. West Virginia. 

114. Wisconsin. 

115. Wyoming. 


Chapter Six. 

CIRCUIT COURTS OF APPEALS. 


Sec. 

116. Circuits. 

117. Circuit courts of appeals. 

118. Circuit judges. 

119. Allotment of justices to the circuits. 

120. Chief justice and associate justices 

of Supreme Court, and district 
judges, may sit in circuit court of 
appeals. 

121. Justices allotted to circuits, how 

designated. 

122. Seals, forms of process, and rules. 

123. Marshals. 

124. Clerks. 

125. Deputy clerks; appointment and re¬ 

moval. 

126. Terms. 

127. Rooms for court, how provided. 

128. Jurisdiction; when judgment final. 


Sec. 

129. Appeals in proceedings for injunc¬ 

tions and receivers. 

130. Appellate and supervisory jurisdic¬ 

tion under the bankrupt act. 

131. Appeals from the United States court 

for China. 

132. Allowance of appeals, etc. 

133. Writs of error and appeals from the 

supreme courts of Arizona and 
New Mexico. 

134. Writs of error and appeals from dis¬ 

trict court for Alaska to circuit 
court of appeals for ninth circuit; 
court may certify questions to the 
Supreme Court. 

135. Appeals and writs of error from 

Alaska; where heard. 




VIII 


TABLE OF CHAPTERS AND SECTIONS: 


Chapter Seven. 


THE COURT OF CLAIMS. 


Sec. . ,. 

136. Appointment, oath, and salary of 

judges. 

137. Seal. 

138. Session; quorum. 

139. Officers of the court. 

140. Salaries of officers. 

141. Clerk’s bond. 

142. Contingent fund. 

143. Reports to Congress; copies for de¬ 

partments, etc. 

144. Members of Congress not to practice 

in the court. 

145. Jurisdiction. 

Par. 1. Claims against the United 
States. 

2. Set-offs. 

3. Disbursing officers. 

146. Judgments for set-off or counter 

claims; how enforced. 

147. Decree on accounts of disbursing of¬ 

ficers. : r 

148. Claims referred by departments. 

149. Procedure in cases transmitted by 

departments. 

150. Judgments in cases transmitted by 

departments; how paid. 

151. Either House of Congress may refer 

certain claims to court. 

152. Costs may be allowed prevailing 

party. 

153. Claims growing out of treaties not 

cognizable therein. 

154. Claims pending in other courts. 

155. Aliens. 

156. All claims to be filed within six 

years; exceptions. 

157. Rules of practice; may punish con¬ 

tempts. 

158. Oaths and acknowledgments. 

159. Petitions and verification. 


Sec. ...... 

160. Petition dismissed, when. 

161. Burden of proof and evidence as to 

loyalty. 

162. Claims for proceeds arising from sales 

of abandoned property. 

163. Commissioners to take testimony. 

164. Power to call upon departments for 

information. 

165. When testimony not to be taken. 

166. Examination of claimant. 

167. Testimony; where taken. 

168. Witnesses before commissioners. 

169. Cross-examinations. 

170. Witnesses; how sworn. 

171. Fees of commissioners, by whom 

paid. 

172. Claims forfeited for fraud. 

173. Claims under act of June 16, 1874, 

174. New trial on motion of claimant, 

175. New trial on motion of United States. 

176. Cost of printing record. 

177. No interest on claims. 

178. Effect of payment of judgment. 

179. Final judgments a bar. 

180. Debtors to the United States may 

have amount due ascertained. 

181. Appeals. 

182. Appeals in Indian cases. 

183. Attorney General’s report to Con¬ 

gress. 

184. Loyalty a jurisdictional fact in cer¬ 

tain cases. 

185. Attorney General to appear for the 

defense. 

186. Persons not to be excluded as wit¬ 

nesses on account of color or be¬ 
cause of interest; plaintiff may be 
witness for Government. 

187. Reports of court to Congress. 

: v 


Chapter Eight. 

; ‘ , .- . ; ! 

THE COURT OF CUSTOMS APPEALS. 


Sec. 

188. Court of Customs Appeals; appoint¬ 

ment and salary of judges; quorum; 
circuit and district judges may act 
in place of judge disqualified, etc. 

189. Court to be always open for business; 

terms may be held in any circuit; 
when expenses of judges to be 
paid. 

190. Marshal of the court; appointment, 

salary, and duties. 

191. Clerk of the court; appointment, 

salary, and duties. 

192. Assistant clerk, stenographic clerks, 

and reporter; appointment, salary, 
and duties. 

193. Rooms for holding court to be pro¬ 

vided; bailiffs and messengers. 

194. To be a court of record; to prescribe 

form and style of seal, and estab¬ 
lish rules and regulations; may 
affirm, modify, or reverse and re¬ 
mand case, etc. 


Sec. 

195. Final decisions of Board of General 

Appraisers to be reviewed only by 
Customs Court. 

196. Other courts deprived of jurisdiction 

in customs cases; pending cases 
excepted. 

197. Transfer to Customs Court of pend¬ 

ing cases; completion of testimony. 

198. Appeals from Board of General Ap¬ 

praisers; time within which to be 
taken; record to be transmitted to 
Customs Court. 

199. Records filed in Customs Court to be 

at once placed on calendar; cal¬ 
endar to be called every sixty days. 







TABLE OF CHAPTERS AND SECTIONS. 


Chapter Nine. 

THE COMMERCE COURT. 


Sec. 

200. Commerce Court created; judges of, 

appointment and designation; ex¬ 
pense allowance to judges. 

201. Additional circuit judges; appoint¬ 

ment and assignment. 

202. Officers of the court; clerk, marshal, 

etc.; salaries, etc. 

203. Court to be always open for business; 

sessions of, to be held in Washing¬ 
ton and elsewhere. 

204. Marshals to provide rooms for hold¬ 

ing court outside of Washington. 

205. Assignment of judges to other duty; 

vacancies, how filled. 

206. Powers of court and judges; writs, 

process, procedure, etc. 

207. Jurisdiction of the court. 

208. Suits to enjoin, etc., orders of Inter¬ 

state Commerce Commission to be 
against United States; restraining 
orders, when granted without 
notice. 


Sec. 

209. Jurisdiction of the court, how in¬ 

voked; practice and procedure. 

210. Final judgments and decrees re- 

viewable in Supreme Court. 

211. Suits to be against United States; 

when United States may inter¬ 
vene. 

212. Attorney General to control all cases; 

Interstate Commerce Commission 
may appear as of right; parties in¬ 
terested may intervene, etc. 

213. Complainants may appear and be 

made parties to case. 

214. Pending cases to be transferred 

to Commerce Court; exception; 
status of transferred cases. 


Chapter Ten. 


The Supreme Court. 


Sec. 

215. Number of justices. 

216. Precedence of the associate justices. 

217. Vacancy in the office of Chief Jus¬ 

tice. 

218. Salaries of justices. 

219. Clerk, marshal, and reporter. 

220. The clerk to give bond. 

221. Deputies of the clerk. 

222. Records of the old court of appeals. 

223. Tables of fees. 

224. Marshal of the Supreme Court. 

225. Duties of the reporter. 

226. Reporter’s salary and allowances. 

227. Distribution of reports and digests. 

228. Additional reports and digests; lim¬ 

itation upon cost; estimates to be 
submitted to Congress annually. 

229. Distribution of Federal Reporter, 

etc., and Digests. 

230. Terms. 

231. Adjournment for want of a quorum. 

232. Certain orders made by less than 

quorum. 

233. Original jurisdiction. 

234. Writs of prohibition and mandamus. 

235. Issues of fact. 

236. Appellate jurisdiction. 

237. Writs of error from judgments and 

decrees of State courts. 

238. Appeals and writs of error from 

United States districts courts. 

239. Circuit court of appeals may certify 

questions to Supreme Court for 
t instructions. 


Sec. 

240. Certiorari to circuit court of appeals. 

241. Appeals and writs of error in other 

cases. 

242. Appeals from Court of Claims. 

243. Time and manner of appeals from 

the Court of Claims. 

244. Writs of error and appeals from su¬ 

preme court of and United States 
district court for Porto Rico. 

245. Writs of error and appeals from the 

Supreme Courts of Arizona and 
New Mexico. 

246. Writs of error and appeals from the 

Supreme Court of Hawaii. 

247. Appeals and writs of error from the 

district court for Alaska direct to 
Supreme Court in certain cases. 

248. Appeals and writs of error from the 

Supreme Court of the Philippine 
Islands. 

249. Appeals and writs of error when a 

Territory becomes a State. 

250. Appeals and writs of error from the 

Court of Appeals of the District of 
Columbia. 

251. Certiorari to Court of Appeals, Dis¬ 

trict of Columbia. 

252. Appellate jurisdiction under the 

bankruptcy act. 

253. Precedence of writs of error to State 

courts. 

254. Cost of printing records. 

255. Women may be admitted to practice. 




X 


TABLE OF CHAPTERS AND SECTIONS. 


Chapter Eleven. 

PROVISIONS COMMON TO MORE THAN ONE COURT. 


Sec. 

256. Cases in which jurisdiction of United 

States courts shall be exclusive of 
State courts. 

257. Oath of United States judges. 

258. Judges prohibited from practicing 

law. 

259. Traveling expenses, etc., of circuit 

justices and circuit and district 
judges. 

260. Salary of judges after resignation. 

261. Writs of ne exeat. 

262. Power to issue writs. 

263. Temporary restraining orders. 

264. Injunctions; in what cases judge may 

grant. 

265. Injunctions to stay proceedings in 

State courts. 

266. Injunctions based upon alleged un¬ 

constitutionality of State statutes; 
when and by whom may be 
granted. 


Sec. 

267. When suits in equity may be main¬ 

tained. 

268. Power to administer oaths and pun¬ 

ish contempts. 

269. New trials. 

270. Power to hold to security for the 

peace and good behavior. 

271. Power to enforce awards of foreign 

consuls, etc., in certain cases. 

272. Parties may manage their causes per¬ 

sonally or by counsel. 

273. Certain officers forbidden to act as 

attorneys. 

274. Penalty for violating preceding sec¬ 

tion. 


Chapter Twelve, 
juries. 


Sec. 

275. Qualifications and exemptions of 

jurors. 

276. Jurors, how drawn. 

277. Jurors, how to be apportioned in the 

district. 

278. Race or color not to exclude. 

279. Venire, how issued and served. 

280. Talesmen for petit juries. 

281. Special juries. 

282. Number of grand jurors. 


Sec. 

283. Foreman of grand jury. 

284. Grand juries, when summoned. 

285. Discharge of grand juries. 

286. Jurors not to serve more than once a 

year. 

287. Challenges. 

288. Persons disqualified for service on 

jury in prosecutions for polygamy, 
etc. 


Chapter Thirteen. 

GENERAL PROVISIONS. 


Sec. 

289. Circuit courts abolished; records of 

to be transferred to district courts. 

290. Suits pending in circuit courts to be 

disposed of in district courts. 

291. Powers and duties of circuit courts 

imposed upon district courts. 

292. References to laws revised in this 

act deemed to refer to sections of 
act. 

293. Sections 1 to 5, Revised Statutes, to 

govern construction of this act. 


Sec. 

294. Laws revised in this act to be con¬ 

strued as continuations of existing 
laws. 

295. Inference of legislative construction 

not to be drawn by reason of ar¬ 
rangement of sections. 

296. Act may be designated as “The 

Judicial Code.” 


Chapter Fourteen. 

REPEALING PROVISIONS. 


Sec. 

297. Sections, acts, and parts of acts 

repealed. 

298. Repeal not to affect tenure of office, 

or salary, or compensation of in¬ 
cumbents, etc. 

299. Accrued rights, etc., not affected. 


Sec. 

300. Offenses committed, and penalties, 

forfeitures, and liabilities in¬ 
curred, how to be prosecuted and 
enforced. 

301. Date this act shall be effective. 






[Act of Mar. 3, 1911; 36 Stat., 1087.] 

AN ACT To codify, revise, and amend the laws relating to the judiciary. 

TITLE. 

THE JUDICIARY. 


CHAPTER ONE. 


DISTRICT COURTS—ORGANIZATION. 


Sec. 

1. District courts established; ap¬ 

pointment and residence of 
judges. 

2. Salaries of district judges. 

3. Clerks. 

4. Deputy clerks. 

5. Criers and bailiffs. 

6. Records; where kept. 

7. Effect of altering terms. 

8. Trials not discontinued by new 

term. 

9. Court always open as courts of 

admiralty and equity. 

10. Monthly adjournments for trial of 

criminal causes. 

11. Special terms. 

12. Adjournment in case of nonattend¬ 

ance of judge. 

13. Designation of another judge in 

case of disability of judge. 


Sec. 

14. Designation of another judge in 

case of an accumulation of busi¬ 
ness. 

15. When designation to be made by 

Chief Justice. 

1G. New appointment and revocation. 

17. Designation of district judge in 

aid of another judge. 

18. When circuit judge may be desig¬ 

nated to hold district court. 

19. Duty of district and circuit judge 

in such cases. 

20. When district judge is interested 

or related to parties. 

21. When affidavit of personal bias or 

prejudice of judge is filed. 

22. Continuance in case of vacancy in 

office. 

23. Districts having more than one 

judge; division of business. 


Sec. 1. In each of the districts described in chapter five, there ushedf^p^nfment 
shall be a court called a district, court, for which there shall be and residence of 

appointed one judge, to be called a district judge; except that in the iH dg:e !L_-. 

northern district of California, the northern district of Illinois, the 26june!'i876,wltat. 
district of Maryland, the district of Minnesota, the district of Ne- g^.p 1, io6 14 Web 4 
braska, the district of New Jersey, the eastern district of New York, 1889 ,25 stat. l.,682, c! 
the northern and southern districts of Ohio, the district of Oregon, the s 8 j’ui y f 1 i89o, u 26‘stat! 
eastern and western districts of Pennsylvania, and the western dis- su’pp 17 ’ 767 656 io s ‘ July 
trict of Washington, there shall be an additional district judge in i89o, 26 stat. l„ 225! 
each, and in the southern district of New York, three additional dis- m 64 i6 S ju? y , 
trict judges: Provided , That whenever a vacancy shall occur in the |*1^’^oo 3 '^Feb 41 
office of the district judge for the district of Maryland, senior in com- 1903,32 stat.' l„ 795. c! 
mission, such vacancy shall not be filled, and thereafter there shall slfstat.' l . 9 so^'c. 1 ;#?! 
be but one district judge in said district: Provided further , That 1* mA’ 

there shall be one judge for the eastern and western districts of South 1905,33stat. l., 987 , c! 
Carolina, one judge for the eastern and middle districts of Tennessee, stat!if, 
and one judge for the-northern and southern districts of Mississippi: | tat 26 L M |^ 1 C 90 | 55 ^ 
Provided further , That the district judge for the middle district of 16 June! 1906,34 stat! 
Alabama shall continue as heretofore to be a district judge for the 25 Feb.’, Wvi'A stat! 
northern district thereof. Every district judge shall reside in the pebTw^stat l 5 
district or one of the districts for which he is appointed, and for 931. c. 1198. 27 Feb" 
offending against this provision shall be deemed guilty of a high 2073 ! ^^arL'w!’^ 

rmcffpTnpftnor Stat. L., 1253, c. 2575. 

misdemeanor. 26 Feb 1909 35 stat 

L., 656, c. 215. 2 Mar., 1909, 35 Stat. L., 685, c. 242, s. 1. Mar., 1909, 35 Stat. L., 686, c. 243, ss. 1, 3. 24 

Feb., 1910, 36 Stat. L., 201, c. 56. 24 Feb., 1910, 36 Stat. L., 202, c. 57. 25 June, 1910, 36 Stat. L., 838, c. 

410. No. Pac. R. Co. v. Holman, 155 U. S., 137; Koenigsberger v. U. S., 158 U. S., 41. 


Sec. 2. Each of the district judges shall receive a salary of six ju |g t f s ries of district 
thousand dollars a year, to be paid in monthly installments. _'_ 

R. S„ s. 654. 

3 Mar., 1881, 21 Stat. L., 412, c.130; 1 Supp., 320. 24 Feb., 1891, 26 Stat. L., 783, c. 287; 1 Supp., 896. 
12Feb., 1903, 32 Stat. L., 825, c. 547. 


Sec. 3. A clerk shall be appointed for each district court by the 
judge thereof, except in cases otherwise provided for by law. [See 

§§ 67, 68.] 


Clerks. 

R. S., s. 555. 

U. S. v. Harsha, 172 
U. S., 567. 

1 









2 


THE JUDICIARY.— Ch. 1. 


Deputy clerks. 
R. 8., s. 568. 


Sec. 4. Except as otherwise specially provided by law, the clerk 
of the district court for each district may, with the approval of the 
20 < wafi SC 92°Ex C p a arte Strict judge thereof, appoint such number of deputy clerks as may 
Burdeii,'32 Fed. Rep., be deemed necessary by such judge, who may be designated to reside 
Fed.^tep.?47o U ’ 8 '’ 37 and maintain offices at such places of holding court as the judge may 
determine. Such deputies may be removed at the pleasure of the 
clerk appointing them, with the concurrence of the district judge. 
In case of the death of the clerk, his deputy or deputies shall, unless 
removed, continue in office and perform the duties of the clerk, in 
his name, until a clerk is appointed and qualified; and for the default 
or misfeasances in office of any such deputy, whether in the lifetime 
of the clerk or after his death, the clerk and his estate and the sure¬ 
ties on his official bond shall be liable; and his executor or adminis¬ 
trator shall have such remedy for any such default or misfeasances 
committed after his death as the clerk would be entitled to if the 
same had occurred in his lifetime. [See §§ 67, 68.] 

Sec. 5. The district court for each district may appoint a crier 
for the court; and the marshal may appoint such number of persons, 
not exceeding five, as the judge may determine, to wait upon the 
grand and other juries, and for other necessary purposes. 

Records, where g E c. 6. The records of a district court shall be kept at the place 
where the court is held. When it is held at more than one place in 
any district and the place of keeping the records is not specially pro¬ 
vided by law, they shall be kept at either of the places or holding the 
court which may be designated by the district judge. 

Sec. 7. No action, suit, proceeding, or process in any district court 


Criers and bailiffs. 

R. S., s. 715. 

3 Mar., 1901, 31 Stat. 
L., 1047, c. 831. 


kept. 

R. S., s. 562. 

1 Comp. Dec., 313. 


Effect of 
terms. 


R. S., s. 573. 

1 Comp. Dec., 321. 


altering 

shall abate or be rendered invalid by reason of any act changing 
the time of holdmg such court, but the same shall be deemed to be re¬ 
turnable to, pending, and triable in the terms established next after 
the return day thereof. 
tinued ls bynew d term n ’ Sec. 8. When the trial or hearing of any cause, civil or criminal, 

R g s 746 - in a district court has been commenced and is in progress before a jury 

u s' v lou her or ^ colll ^5 ^ shall not be stayed or discontinued by the arrival of 
13 BiatciZ', 267 “Is Fed! the time fixed by law for another session of said court; but the court 
Cas., 998 . ma y proceed therein and bring it to a conclusion in the same manner 

and with the same effect as if another stated term of the court had 
not intervened. 

as^ourts of admiralty Sec. 9 . The district courts, as courts of admiralty and as courts 

and equity. __ of equity, shall be deemed always open for the purpose of filing any 

R - s - s - 574 - _ _ pleading, of issuing and returning mesne and final process, and of 

Beatty v. Kurtz, 2 making and directing all interlocutory motions, orders, rules, and 
Ravenai, 1? how., other proceedings preparatory to the hearing, upon their merits, ot 
iumm r0W 443 r ^Fed 1 2 * * causes pending therein. Any district judge may, upon reason¬ 
ed., 467; Dutcher v. able notice to the parties, make, direct, and award, at chambers or in 
8 V Fed hl cas. / , 8 53• ’Tbe the clerk’s office, and in vacation as well as in term, all such process, 
5Fed a cas., S 6sof’u 2 ^. : commissions, orders, rules, and other proceedings, whenever the same 
v. The Little Charles! are not grantable of course, according to the rules and practice of the 

1 Brock., 347; 26 Fed. , & ^ 

Cas., 979: Butler v. COUFt. 

U. S., 87 Fed. Rep., 655; 15 A. G. Op., 578; Comp.- Dec., 330. 


meats th for mai^of Sec. 10- District courts shall hold monthly adjournments of their 
criminal causes. regular terms, for the trial of criminal causes, when their business 

r. s., s. 578. requires it to be done, in order to prevent undue expenses and delays 

~u. s. v. The Little in such cases. 

Charles, 1 Brock., 380; 26 Fed. Cas., 982. 

special terms. Sec. n. \ special term of any district court may be held at the 

R- S., s. 58i. same place where any regular term is held, or at such other place 

Rosencransr. u. s., in the district as the nature of the business may require, and at such 
165u. s., 257. time an( j U pon such no tice as may be ordered by the district judge. 

Any business may be transacted at such special term which might 
be transacted at a regular term. 

















THE JUDICIARY.— Ch. 1. 


3 


Sec. 12. If the judge of any district court is unable to attend at 
the commencement of any regular, adjourned, or special term, or any 
time during such term, the court may be adjourned by the marshal, 
or clerk, by virtue of a written order directed to him by the judge, 
to the next regular term, or to any earlier day, as the order may 
direct. 

Rep., 688; Kinney v. U. 

Sec. 13. When any district judge is prevented, by any disability, 
from holding any stated or appointed term of his district court, and 
that fact is made to appear by the certificate of the clerk, under the 
seal of the court, to any circuit, judge of the circuit in which the 
district lies, or, in the absence of all the circuit judges, to the circuit 
justice of the circuit in which the district lies, any such circuit judge 
or justice may, if in his judgment the public interests so require, 
designate and appoint the judge of any other district in the same 
circuit to hold said court, and to discharge all the judicial duties 
of the judge so disabled, during such disability. Whenever it shall 
be certified by any such circuit judge or, in his absence, by the circuit 
justice of the circuit in which the district lies, that for any suffi¬ 
cient reason it is impracticable to designate and appoint a judge of 
another district within the circuit to perform the duties of such dis¬ 
abled judge, the chief justice may, if in his judgment the public 
interests so require, designate and appoint the judge of any district 
in another circuit to hold said court and to discharge all the judicial 
duties of the judge so disabled, during such disability. Such appoint¬ 
ment shall be filed in the clerk’s office, and entered on the minutes of 
the said district court, and a certified copy thereof, under the seal of 
the court, shall be transmitted by the clerk to the judge so designated 
and appointed. 

Sec. 14. When, from the accumulation or urgency of business in 
any district court, the public interests require the designation and 
appointment hereinafter provided, and the fact is made to appear, 
by the certificate of the clerk, under the seal of the court, to any 
circuit judge of the circuit in which the district lies, or, in the absence 
of all the circuit judges, to the circuit justice of the circuit in which 
the district lies, such circuit judge or justice may designate and 
appoint the judge of any other district in the same circuit to have 
and exercise within the district first named the same powers that 
are vested in the judge thereof. Each of the said district judges 
may, in case of such appointment, hold separately at the same time 
a district court in such district, and discharge all the judicial duties 
of the district judge therein. 

Sec. 15. If all the circuit judges and the circuit justice are absent 
from the circuit, or are unable to execute the provisions of either 
of the two preceding sections, or if the district judge so desig¬ 
nated is disabled or neglects to hold the court and transact the busi¬ 
ness for which he is designated, the clerk of the district court shall 
certify the fact to the Chief Justice of the United States, who may 
thereupon designate and appoint in the manner aforesaid the judge 
of any district"within such circuit or within any other circuit; and 
said appointment shall be transmitted to the clerk and be acted upon 
by him as directed in the preceding section. 

Sec. 16. Any such circuit judge, or circuit justice, or the Chief 
Justice, as the case may be, may, from time to time, if in his judgment 
the public interests so require, make a new designation and appoint¬ 
ment of any other district judge, in the manner, for the duties, and 
with the powers mentioned in the three preceding sections, and 
revoke any previous designation and appointment. 


Adjournment in 
case of non-attend¬ 
ance of judge. 

R. S., s. 583. 


U. S. v. Pitman, 147 
U. S., 669; 45 Fed. Rep., 
159; Erwin v. U. S., 37 
Fed. Rep., 470, 477: U. 
S. v. Aldrich, 58 Fed. 
S., 60 Fed. Rep., 883. 

District judge desig¬ 
nated to perform du 
ties; when. 

R. S., s. 591. 

14 Apr., 1906,34 Stat. 
L., 114, c. 1625, s. 2. 

4 Mar., 1907, 34 Stat. 
L., 1417, c. 2940. 

The Alaska, 35 U. S.. 
555; Harmon v. U. S.', 
43 U. S., 817; Ball v. 
U.S.,140 U.S., 118,128; 
9 A. G. Op., 131. 


Designation of an¬ 
other judge in case of 
accumulation of busi- 


R. S., s. 592. 

14 Apr., 1906,34Stat. 
L., 114, c. 1625, s. 2. 


When designations 
to be made by Chief 
Justice. 

R. S„ s. 593. 


New appointment 
and revocation. 


R. S., s. 594. 









4 


THE JUDICIARY.— Cn. 1. 


Designation of dis- Sec. 17. It shall be the duty of the senior circuit judge then pres- 
lSTntere^ts^equ^e.h" ent in the circuit, whenever in his judgment the public interest so 
requires, to designate and appoint, in the manner and with the 


?Mar.%88i, 2 istat. powers provided Tn section fourteen, the district judge of any judicial 

J. 454,c. 1S3; 1 Supp., within hi<5 nirnnit tn hold a district, court in the mace 01* in 


L. 

321. 


district within his circuit to hold a district court in the place or in 
McDowell v. u. s~ an Y °*h er district judge within the same circuit. 


159 U. S., 569; National Home v. Butler, 33 Fed. Rep., 374; The Alaska, 35 Fed. Rep., 555. 

When circuit judge 
may be designated to 
hold district court. 


Duty of district 
judge in such cases. 

R. S., s. 595. 


When district judge 
is interested or related 
to parties. 


When affidavit of 
personal bias or preju¬ 
dice of judge is filed. 


Sec. 18. Whenever, in the judgment of the senior circuit judge 
of the circuit in which the district lies, or of the circuit justice 
assigned to such circuit, or of the Chief Justice, the public interest 
shall require, the said judge, or associate justice, or Chief Justice, 
shall designate and appoint any circuit judge of the circuit to hold 
said district court. 

Sec. 19. It shall be the duty of the district or circuit judge who is 
designated and appointed under either of the six preceding sections, 
to discharge all the judicial duties for which he is so appointed, dur¬ 
ing the time for which he is so appointed; and all the acts and pro¬ 
ceedings in the courts held by him, or by or before him, in pursuance 
of said provisions, shall have the same effect and validity as if done 
by or before the district judge of the said district. 

Sec. 20. Whenever it appears that the judge of any district court 
is in any way concerned in interest in any suit pending therein, or 
r. s., s. 60 i. has been of counsel or is a material witness for either party, or is so 
spencer v. Lapsiey, related to or connected with either party as to render it improper, in 
Richmonii 26 <f ; Fed hi s opinion, for him to sit on the trial, it shall be his duty, on applica- 
Rep., 863;’ Lewis v. tion by either party, to cause the fact to be entered on the records of 
673! n coUrMie e ^ fem- the court; and also an order that an authenticated copy thereof shall 
pieton, 106 Fed. Rep., k e forthwith certified to the senior circuit judge for said circuit then 
present in the circuit; and thereupon such proceedings shall be had 
as are provided in section fourteen. 

Sec. 21. Whenever a party to any action or proceeding, civil or 
criminal, shall make and file an affidavit that the judge before whom 
the action or proceeding is to be tried or heard has a personal bias 
or prejudice either against him or in favor of any opposite party to 
the suit, such judge shall proceed no further therein, but another 
judge shall be designated in the manner prescribed in the section last 
preceding, or chosen in the manner prescribed in section twenty- 
three, to hear such matter. Every such affidavit shall state the facts 
and the reasons for the belief that such bias or prejudice exists, and 
shall be filed not less than ten days before the beginning of the term 
of the court, or good cause shall be shown for the failure to file it 
within such time. No party shall be entitled in any case to file more 
than one such affidavit; and no such affidavit shall be filed unless ac¬ 
companied by a certificate of counsel of record that such affidavit 
and application are made in good faith. The same proceedings shall 
be had when the presiding judge shall file with the clerk of the court 
a certificate that he deems himself unable for any reason to preside 
with absolute impartiality in the pending suit or action. 

Sec. 22. When the office of judge of any district court becomes 
vacant, all process, pleadings, and proceedings pending before such 
court shall, if necessary, be continued by the clerk thereof until such 
u. B s. 1 , 1 ns; ^ieDowln time as a judge shall be appointed, or designated, to hold such court; 

u.’s., 159 u. s., 596; an( j the judge so designated, while holding such court, shall possess 
co. v. e. and w. r. the powers conferred by, and be subject to the provisions contained 
Ss^Mu^phy’, 1 !: in, section nineteen. 

Fed. Rep., 893. 1 Comp. Dec., 343. 

Sec. 23. In districts having more than one district judge, the 
judges may agree upon the division of business and assignment of 
cases for trial in said district; but in case they do not so agree, the 
senior circuit judge of the circuit in which the district lies, shall make 
all necessary orders for the division of business and the assignment 
of cases for trial in said district. 


Continuance in case 
of vacancy in office. 


R. S., s. 8. 602, 603. 


Districts having 
more than one judge; 
division of business. 









THE JUDICIARY.—Ch. 1. 


5 


CHAPTER TWO. 

DISTRICT COURTS—JURISDICTION. 


Sec. 

24. Original jurisdiction. 

Par. 1. Where the United States 
are plaintiffs; and of 
civil suits at common 
law or in equity. 

2. Of crimes and offenses. 

3. Of admiralty causes, 

seizures, and prizes. 

4. Of suits under any law 

relating to the slave 
trade. 

5. Of cases under internal 

revenue, customs, and 
tonnage laws. 

6 . Of suits under postal 

laws. 

7. Of suits under the pat¬ 

ent, the copyright, 
and the trade-mark 
laws. 

8 . Of suits for violation of 

interstate commerce 
laws. 

9. Of penalties and for¬ 

feitures. 

10. Of suits on debentures. 

11. Of suits for injuries on 

account of acts done 
under laws of the 
United States. 

12. Of suits concerning civil 

rights. 

13. Of suits against persons 

having knowledge of 
conspiracy, etc. 


Sec. 

24. Original jurisdiction—Continued. 

Par. 14. Of suits to redress the 
deprivation, under 
color of law, of civil 
rights. 

15. Of suits to recover cer¬ 

tain offices. 

16. Of suits against na¬ 

tional banking asso¬ 
ciations. 

17. Of suits by aliens for 

torts. 

18. Of suits against consuls 

and vice-consuls. 

19. Of suits and proceed¬ 

ings in bankruptcy. 

20. Of suits against the 

United States. 

21. Of suits for the unlaw¬ 

ful inclosure of public 
lands. 

22. Of suits under immigra¬ 

tion and contract- 
labor laws. 

23. Of suits against trusts, 

monopolies, and un¬ 
lawful combinations. 

24. Of suits concerning al¬ 

lotments of land to 
Indians. 

25. Of partition suits where 

United States is joint 
tenant. 

25. Appellate jurisdiction under Chi- 

nese-exclusion laws. 

26. Appellate jurisdiction over Yellow¬ 

stone National Park. 

27. Jurisdiction of crimes on Indian 

reservations in South Dakota. 


Sec. 24. The district courts shall have original jurisdiction as where the united 

ft I« utflilGS JUG pl&ilIltinS) 

fOllOWS I and of civil suits at 

First. Of all suits of a civil nature, at common law or in equity, eqffity° n law or m 
brought by the United States, or by any officer thereof authorized by R g" - ” par 4 . 
law to sue, or between citizens of the same State claiming lands under pakvg^ ^ ’ 
grants from different States; or, where the matter in controversy L.'[ 3 ^ 8 c. 1 866’, 2 s. S n i 

exceeds, exclusive of interest and costs, the sum or value of three Supp " 61L __ 

thousand dollars, and (a) arises under the Constitution or laws of 12 wheat m-^Pa^ns 
the United States, or treaties made, or which shall be made, under v. Bedford, 3 Pet., 447; 
their authority, or (b) is between citizens of different States, or ( c ) is 450; U. S. v. Say-ward’ 
between citizens of a State and foreign States, citizens, or subjects. u°s U ,'i S Brocic J , a 5 C 2o b i3 
No district court shall have cognizance of any suit (except upon ^ eh Ca 'J' B 26 j' F 3 la {' t ';- 
foreign bills of exchange) to recover upon any promissory note or Fed. cas.,836-stanton 
other chose in action in favor of any assignee, or of any subsequent 357^22 Fe^cal.^OTi’; 
holder if such instrument be payable to bearer and be not made by y.s.v Bougher ’eMc- 
any corporation, unless such suit might have been prosecuted in such 1205; u. s. v. Greene, 
court to recover upon said note or other chose in action if no assign- ^*33? wood 2 r. wu- 
ment had been made: Provided , however , That the foregoing provi- ^ms^GUpm; .ml 30 
sion as to the sum or value of the matter in controversy shall not be Stevenson, lAb. U.S., 
construed to apply to any of the cases mentioned in the succeeding Ba^dw r in h ilFed 8 ReD 1; ' 
paragraphs of US section' ISIS 

hill v. U. S., 38 Fed. Rep., 538; Stephens v. Bernays, 41 Fed. Rep., 401; Palmer’s Nat. Bank v. McElhin- 
ney, 42 Fed. Rep., 801; Yardley v. Dickson, 47 Fed. Rep., 835; Hower v. Weiss Co., 55 Fed. Rep., 
356; Thompson v. Pool, 70 Fed. Rep., 725; Maxwell v. Levy, 2 Dali., 381; Bingham v. Cabot, 3 Dali., 
382; Mossman v. Higginson, 4 Dali., 12; Abercrombie v. Dupuis, 1 Craneh, 343; Wood v. Wagnon, 





6 


THE JUDICIARY.— Ch. 2. 


2 Cranch, 9; Montalet v. Murray, 4 Cranch, 46; Chappedelaine ®. Dechenaux, 4 Cranch, 306; U. S. 
®. McDowell, 4 Cranch, 316; Owings ®. Norwood, 5 Cranch, 344; Brown ®. Strode, 5 Cranch, 303; 
Hodgson v. Bowerbank, 5 Cranch, 303; Sere ®. Pitot, 6 Cranch, 332; Russell v. Clark, 7 Cranch, 69; 
McIntyre ®. Wood, 7 Cranch, 506; Wise v. Col. Turnpike Co., 7 Cranch, 276; Robinson ®. Campbell, 

3 Wheat,, 223; U. S. ®. Howland, 4 Wheat., 108; Cohens v. Virginia, 6 Wheat., 264; Sullivan ®. Fulton 
S. Co., 6 Wheat., 450; Childress v. Emory, 8 Wheat., 642; Gracie ». Palmer, 8 Wheat., 699; Childress’s 
Executors ®. Emory, 8 Wheat., 669; Mollan ®. Torrance, 9 Wheat., 537; U. S. Bank v. Planters’ Rank, 9 
Wheat, 904; Georgia ®. Madrazo, l Pet., 110; 1)'Wolf v. Rabud, 1 Pet.,498; McDonald v. Smalley, 1 Pet., 624; 
Jackson ®. Twentyman, 2 Pet., 136; Bank of Kentucky v. Wister, 2 Pet., 323; Gordon v. Ogden, 3 Pet., 33; 
Boyce v. Grundy, 3 Pet., 210; Cherokee Nation ®. Georgia, 5 Pet., 19; Worcester v. Georgia, 6 Pet., 515; 
Cathcart ®. Robinson, 5 Pet., 280; Vattier ®. Hinde, 7 Pet., 252; Breedlove v. Nicolet, 7 Pet., 431; Ex parte 
Madrazo. 7 Pet., 627; Ex parte Bradstreet, 7 Pet., 647; Dunn v. Clarke, 8 Pet., 1; Brown ®. Keene, 8 Pet., 
112; Jackson ®. Ashton, 8 Pet., 148; Hagan ®. Lucas, 10 Pet., 400; Evans ®. Gee, 11 Pet,, 83; Charles River 
Bridge ®. Warren Bridge, 11 Pet., 572; Strother ®. Lucas, 6 Pet., 768, 12 Pet., 410; Kendall ®. U. S., 12 
Pet., 616; Irvine ®. Lowery, 14 Pet., 298; Levy v. Fitzpatrick, 15 Pet., 167; Gordon ®. Longest, 16 Pet., 
97; Gibson ®. Chew, 16 Pet., 315; Parish ®. Ellis, 16 Pet., 453; McNutt ®. Bland, 2 How., 10; Gwin ®. 
Breedlove, 2 How., 29; Sims ®. Hundley, 6 How,, 5; Sheldon ®. Sill, 8 How., 441; Neves ®. Scott, 13 
How., 271; Huff ®. Hutchinson, 14 How., 586; Kanouse ®. Martin, 15 How., 208; Piquignot ®. Penn. R. 
Co., 16 How., 104; Deshler ®. Dodge, 16 How., 631; Wickliffe ®. Eve., 17 How., 468; Lafayette Ins. CoJ ®. 
French, 18 How., 404; Fouvergne ®. New Orleans, 18 How., 470; Covington Drawbridge Co. ®. Shepherd, 
20 How., 227; Richmond ». Milwaukee, 21 How., 392; Fenn ®. Holme, 21 How., 485; White ®. Vermont 
R. Co., 21 How., 575; Barber ®. Barber, 21 How., 582; Greene ®. Creighton, 23 How,, 90; Sheiburn ®. De 
Cordova, 24 How., 423; Freeman v. Howe, 24 How., 450; Ohio and Mississippi R. Co. ®. Wheeler, 1 Black, 
297; Mississippi ®. Ward, 2 Black, 492; Randall ®. Howard, 2 Black, 585; Lee ®. Watson, 1 Wall., 339; 
Minnesota Co. ®. St. Paul Co., 2 Wall., 609; Thomson v. Lee County, 3 Wall., 327; Buck ®. Colbath, 3 
Wall., 334; Beard ®. Federy, 3 Wall., 494; Watson ®. Sutherland, 5 Wall., 78; Riggs V. Johnson Co., 6 
Wall., 166; The Grace Girdler, 6 Wall., 442; R. Co. ®. Chamberland, 6 Wall., 748; Cowles ®. Mercer 
County, 7 Wall., 118; Payne ®. Hook, 7 Wall., 430; Paul v. Virginia, 8 Wall., 177; Express Co. ®. Kountze, 
8 Wall., 351; Bradley ®. Rhines, 8 Wall., 396; Aldrich ®. iEtna Co., 8 Wall., 491; Cheever ®. Wilson, 9 
Wall., 124; Bushnell ®. Kennedy, 9 Wall., 392; Horntholl v. Collector, 9 Wall., 560; Jones ®. Andrews, 
10 Wall., 327; The Sapphire, 11 Wall., 164; Ins. Co. ®. Francis, 11 Wall., 210; R. R. Co. v. Harris, 12 
Wall., 82; Rice v. Houston, 13 Wall., 66; Ex parte McNeil, 13 Wall., 243; Ry. Co. ®. Whitton, 13 Wall., 
283; Christmas ®. Russell, 14 Wall., 69; Bank ®. Turnbull, 16 Wall., 190; Ribon ®. R. R. Co., 16 Wall., 
446; Horn ®. Lockhart, 17 Wall., 670; Sewing Machine Co. case, 18 Wall., 553; Morgan v. Gay, 19 Wall.; 
82; Mayor®. Ray, 19 Wall., 477; Knapp ®. Railroad Co., 20 Wall., 123; Broderick’s will, 21 Wall., 503; 
Railway Co. v. Ramsey, 22 Wall., 322; Muller v. Dows, 94 U. S., 444; Amory ®. Amory, 95 U. S., 186; 
Briges ®. Sperry, 95 U. S., 401; Gold Washing Co. v. Keyes, 96 U. S., 203; Ex parte Scollenberger, 96 
U. S., 378; R. Co. ®. Vance, 96 U. S., 450; Robertson ®. Cease, 97 U. S., 646; Boom Co. ®. Patterson, 98 
U. S., 403; Barrow ®. Hunton, 99 U. S., 83; Van Norden ®. Morton, 99 U. S., 378; Hartell ®. Tilghman, 
99 U. S., 547; Removal cases, 100 U. S., 469; Nougue ®. Clapp, 101 U. S., 554; Walden ®. Skinner, 101 
U. S., 589; R. R. Co. v. Ketchum, 101 U. S., 298; Green County ®. Daniel, 102 U. S., 195; Denick ®. R. R. 
Co., 103 U. S., 11; Wall ®. Munroe County, 103 U. S., 74; Ins. Co. v. Bangs, 103 U. S., 435; Ex parte Ry. 
Co., 103 U. S., 794; R. Co. ®. Koontz, 104 U. S., 5; Williams v. Nottawa, 104 U. S., 211; Hawes v. Oakland, 
104 U. S., 450, 459; Ager ®. Murray, 105 U. S., 131; Manuf. Co. ®. Bradley, 105 U. S., 180; Cordin ®. Black 
Hawk County, 105 U. S., 666; Ex* parte Boyd, 105 U. S., 697; Bacon ®. Rives, 106 U. S., 104; Steamship 
Co. v. Tugruan, 106 U. S., 121; St. Clair ®. Cox, 106 U. S., 350; King ®. Cornell, 106 U. S.. 397; Hayden ®. 
Manning, 106 U. S., 586; Thompson ®. Perrine, 106 U. S., 592; Chickaming ®. Carpenter, 106 IT. S., 666; 
Treadway ®. Sangre, 107 U. S., 323; Memphis R. Co. ®. Alabama, 107 U. S., 585; Shainald ®. Lewis, 108 
U. S., 158; Grace ®. American Ins. Co., 109 U. S., 283; Bernards Township ®. Stebbins, 109 U. S., 341; 
Fiebelman ®. Packard, 109 U. S., 421; Ellis ®. Davis, 109 U. S., 485; Smith v. Greenhow, 109 U. S., 669; 
Am. Bible Society ®. Price, 110 U. S., 61; Claflin ®. Ins. Co., 110 U. S., 89; Hart ®. Sanson, 110 U. S., 155; 
Krippendork v. Hyde, 110 U. S., 276; Bors v. Preston, 111 U. S., 252; Mersman ®. Werges, 112 U. S., 
143: Ayres ®. Wiswall. 112 U. S., 187; Reynolds ®. Crawfordsville Bank, 112 U. S., 410; Kansas Pac. 
R. R. Co. v. Atchison R. Co., 112 U. S., 414; Lamar ®. Micou, 112 U. S., 452; Maryland v. Baldwin, 112 
U. S., 490; Thayer ®. Life Assn., 112 U. S., 717; Hess ®. Reynolds, 113 U. S., 73; Akley School District ®. 
Hall, 113 U. S., 140; N. J. C. R. Co. ®. Mills, 113 U. S., 249; Chicago R. R. Co. v. Crane, 113 U. S., 424; St. 
Louis R. Co. v. Wilson, 114 U. S., 60; Farmington ®. Pillsbury, 114 U. S., 143: Provident Savings Society 
®. Ford, 114 U. S., 635; Stewart ®. Dunham. 115 U. S., 61; Starin ®. New York, 115 U. S., 248; U. S. ®. 
Mooney, 116 U. S., 104; Hartog v. Memory, 116 U. S., 590; Everhart ®. Huntsville College, 120 U. S., 
223; Rosenbaum ®. Bauer, 120 U. S., 450; Shoecraft v. Bloxham, 124 1J. S., 730: Blacklock v. Small, 127 
U. S., 96; Morris ®. Gilmer, 129 U. S., 315; Delaware County®. Diebold S. & L. Co., 133 U. S.,473; McCor¬ 
mick H. M. Co. v. Walthers, 134 U. S., 41; Nashua and Lowell R. Co. ®. Boston and Lowell R. Co., 136 
U. S., 356; Morgan’s La. and T. R. S. Co. ®. Texas Central Ry. Co., 137 U. S., 171: Handley ®. Stutz, 
137 U. S., 366; Ambler ®. Eppinger, 137 U. S., 480: Superior Court ®. Ripley, 138 U. S., 93; New Orleans 
v. Gaines, 138 U. S., 595; Parker ®. Ormsby, 141 U. S., 81; St. Louis, etc., R. Co. v. McBride, 141 U. S., 
127; Dodge®. Tulleys, 144 U. S., 451; Petri v. Commercial Nat. Bank, 142 U. S., 644; Holmes®. Gold¬ 
smith, 145 U. S., 150; Shaw v. Quincy M. Co., 145 U. S., 444; Schunk®. Moline, etc., Co., 147 U. S., 500; 
Mississippi Mills ®. Cohn, 150 U. S., 202; Hardenberg ®. Ray, 151 U. S., 112: Central Trust Co. ®. 
McGeorge, 151 U. S., 129; Plant Inv. Co. ®. Key West Ry. Co., 152 U. S., 71; Tennessee ®. Union and 
Planters’ Bank, 152 U. S., 454; New Orleans ®. Benjamin, 153 U. S., 411; Mass, and S. C. Co. ®. Cane 
Creek, 155 U. S., 283; Dick ®. Foraker, 155 U. S., 404; Indiana®. Glover, 155 U. S., 513; Stuart v. Easton, 
156 U. S., 46; Brown ®. Webster, 156 U. S., 328; Mexican Nat, R. Co. ®. Davidson, 157 U. S., 201; Union 
Pac. Ry. Co. ®. Harris, 158 U. S., 326; U. S. ®. Sayward, 160 U. S., 493: Oregon Short Line, etc., Ry. Co. 
v. Skottowe, 162 U. S., 490; Wabash W. Ry.Co. v. Brow, 164 U. S., 271; Ex parte Jones, 164 U. S., 691; 
Hooe ®. Jamieson, 166 U. S.. 395; Hunt v. U. S., 166 U. S., 424; Texas and P. Ry. Co. ®. Cody, 166 U. S., 
607; Walker ®. Collins, 167 U. S., 57; Lake County Commissioners ®. Dudley, 173 U. S., 243; Suburban 
Ry. Co. v. Lewis, 173 U. S., 457; Barrow Steamship Co. ®. Kane, 170 U. S., 100: Shoshone Mining Co. ®. 
Rutter, 177 U. S , 505; Allen ®. Blunt, 1 Blatch., 480,1 Fed.Cas., 444; Barclay®. Levee Comm., 1 Woods, 
254, 2 Fed. Cas., 778; Barney v. Globe Bank, 2 Am. L. Reg. N. S., 221, 2 Fed. Cas., 894; Bean ®. Smith, 
2 Mason, 252, 2 Fed. Cas., 1143; Bonaparte ®. Camden R. Co., Bald., 205, 3 Fed. Cas., 821; Bradford ®. 
Jenks, 2 McLean, 130, 3 Fed. Cas., 1132; Bullard ®. Bell, 1 Mason, 243, 4 Fed. Cas., 624; Chicago and N. 
W. R. Co. ®. Chicago and P. R. Co., 6 Biss., 219, 5 Fed. Cas., 590; Celluloid Mfg. Co. ®. Goodyear Co., 13 
Blatch., 388, 5 Fed. Cas., 345; Cissel ®. McDonald, 16 Blatch., 150, 5 Fed. Cas., 717; Cooke ®. Ford, 25 
Am. Law Reg., 417, 6 Fed. Cas., 431; Cooper ®. Thompson, 13 Blatch., 434, 6 Fed. Cas., 491; Copeland 
v. Memphis R. Co., 3 Woods, 658, 6 Fed. Cas., 501; Stanley ®. Supervisors, 19 Blatch., 147, 6 Fed. Cas., 
561; Crawford v. Bernham, 1 Flippin, 116, 6 Fed. Cas., 774; Dundas ®. Bowler, 3 McLean, 204, 8 Fed. 
Cas., 28; Dowell v. Griswold, 5 Sawyer, 42, 7 Fed. Cas., 996; Flanders ®. iEtna Ins. Co.. 3 Mason, 158, 9 
Fed. Cas., 244; Foote ®. Edwards, 3 Blatch., 310, 9 Fed. Cas., 358; Fry ®. Rousseau, 3 McLean, 106, 9 
Fed. Cas., 971; Gindrat v. Dane, 4 Cliff., 263, 10 Fed. Cas., 434; Goodyear®. Chaffee, 3 Blatch., 270, 10 
Fed. Cas., 573; Hatfield ®. Bushnel, 1 Blatch., 393, 11 Fed. Cas., 814; Hartshorn ®. Wright, Pet. C. C., 
64, 11 Fed. Cas., 715; Hatch v. Chicago Ry. Co., 6 Blatch., 114, 11 Fed. Cas., 799; Lanning v. Dolph, 4 
Wash., 627, 14 Fed. Cas., 1120; Heriot®. Davis, 2 Wood & M., 230,12 Fed. Cas., 16; Hill®. Winne, 1 Bliss, 
277, 12 Fed. Cas., 185; Hills ®. Hompton, 4 Sawyer, 195, 12 Fed. Cas., 193; Karrahoo ®. Adams, 1 Dill., 
346, 14 Fed. Cas., 134; Keyser®. Coe, 9 Blatch., 33, 14 Fed. Cas., 442; King ®. Oliver, 2 Wash., 430,14 
Fed. Cas., 577; Ladd ®. Tudor, 3 Wood & M., 325, 14 Fed. Cas., 923; Martin ®. Taylor, 1 Wash., 1, 16 Fed. 
Cas., 906; Mayer®. Foulkrod, 4 Wash., 355, 16 Fed. Cas., 1231; Morrison ®. Bennett, 1 McLean, 330, 17 
Fed. Cas., 916; Munns v. Dupont, 2 Wash., 463, 17 Fed. Cas., 999; Myers®. Dorr, 13 Blatch., 22, 17 Fed. 
Cas., 1105; Murphy ®. Howard, Hempst., 206, 17 Fed. Cas., 1036; Park Bank ®. Nichols, 4 Biss., 315, 17 
Fed. Cas., 1224; Naxro ®. Cragin, 3 Dill., 474, 17 Fed. Cas., 1259; Nesmith ®. Calvert, 1 Wood & M., 37, 
18 Fed. Cas., 2; New Jersey®. Babcock, 4 Wash., 344,18 Fed. Cas., 82; Petterson ®. Chapman, 13 Blatch., 
399,19 Fed. Cas., 385; Pomeroy®. New York and N. H. R. R. Co., 4 Blatch., 120,19 Fed. Cas., 965; Rogers®. 
Linn, 2 McLean, 126, 20 Fed. Cas., 117; Rateau®. Bernard, 3 Blatch., 248, 20 Fed. Cas., 305; St. Louis R. 
Co. v. Indianapolis R. Co., 9 Biss., 155, 21 Fed. Cas., 198; Seckel ®. Backhaus, 7 Biss., 354, 21 Fed. Cas., 
956; Segee ®. Thomas, 3 Blatch., 14, 21 Fed. Cas., 1018; Seymour ®. Phillips Co., 7 Biss., 460,21 Fed. Cas., 


THE JUDICIARY.— Oh. 2 . 


7 


1131: Swasey v. R. R. Co., 1 Hughes, 19, 23 Fed. Cas., 518; Small v. King, 5 McLean, 147,22 Fed. Cas., 366; 
Smith v. Tuttle, 5 Biss., 159, 22 Fed. Cas., 693; Turner v. Indianapolis Ry. Co., 8 Biss., 380, 24 Fed. Cas., 
367; Union Sugar Refinery v. Mathiesson, 2 Cliff., 304,24 Fed. Cas., 680; U. S. v. Barker, 1 Paine, 160, 24 
Fed. Cas., 987; Vasse v. Mifflin, 4 Wash., 519,28 Fed. Cas., 1106; Vose v. Reed, 1 Woods, 649, 28 Fed. Cas., 
1298; White v. Leahy, 3 Dillon, 378, 29 Fed. Cas., 1027; Wilder v. Union Nat. Bank, 9 Biss., 182, 29 Fed. 
Cas., 1222; Williams v. Empire Trans. Co., 14 O. G., 523, 29 Fed. Cas., 1362; Williams v. M., K. and T. R. 
Co., 3 Dill., 267, 29 Fed. Cas., 1377; Williams v. Ritchey, 3 Dillon, 406, 29 Fed. Cas., 1394; Wilson v. City 
Bank, 3 Sumner, 422, 30 Fed. Cas., 116; Wilson v. Fisher, Bald., 133, 30 Fed. Cas., 122; Wilson P. Co. v. 
Hunter, 11 Ch. Leg: News, 207, 30 Fed. Cas., 253; Wisconsin v. Duluth, 4 Chi. Leg. News, 405, 30 Fed. Cas., 
382; Coe v. Cayuga Lake Rv. Co., 19 Blatch., 522; St. Louis I. M. and S. Ry. Co. v. Newcom, 12 C. C. A., 
503; Southern Express Co. v. Todd, 12 C. C. A., 351; Hayden v. Androscoggin Mills, 1 Fed. Rep., 93; 
Noonan v. Lee, 2 Black., 500, 1 Fed. Rep., 692; Eureka M. Co. v. Richmond M. Co., 2 Fed. Rep., 829; 
Keith v. Rockingham, 18 Blatch., 246, 2 Fed. Rep., 834; Porter v. Janesville, 3 Fed. Rep., 617; Boby- 
shall v. Oppenheimer, 4 Wash., 482, 3 Fed. Cas., 788; Chicago R. Co. v. Lake Shore Co., 10 Biss., 122, 5 
Fed. Rep., 19; Uphoff v. Chicago R. Co., 5 Fed. Rep., 457; Pond v. Sibley, 7 Fed. Rep., 129; N. and L. 
R. Co. v. B. and L. R. Co., 8 Fed. Rep., 458; The Frank G. & S. M. Co. v. The Larimer M. & S. Co., 8 
Fed. Rep., 724; Brooks v. Bailey, 9 Fed. Rep., 438; Pratt v. Albright, 9 Fed. Rep., 634; New York Silk 
Mfg. Co. v. Paterson Bank, 10 Fed. Rep., 204; Anderson v. Shaffer, 10 Fed. Rep., 266; Preston v. Walsh, 
10 Fed. Rep., 325; Marion v. Ellis. 10 Fed. Rep., 410; Greene v. Klinger, 10 Fed. Rep., 689; Moch. v. 
Ins. Co., 4 Hughes, 61, 10 Fed. Rep., 696, 11 Myer’s Fed. Dec., sec. 604; Whiting v. Wellington. 10 Fed. 
Rep., 815; Maine v. Gilman, 11 Fed. Rep., 214; Callahan v. L. and N. R. Co., 11 Fed. Rep., 536; Chaff- 
raix v. Liquidation Board, 11 Fed. Rep., 638; Texas v. Lewis, 12 Fed. Rep., 1; Davies v. Lathrop, 12 
Fed. Rep., 353; Sawyer v. Concordia, 12 Fed. Rep., 754; San Mateo County v. So. Pac. R. R. Co., 7 Saw¬ 
yer, 517, 13 Fed. Rep., 145; Darst v. Peoria, 13 Fed. Rep., 561; Deford v. Mehaffv, 14 Fed. Rep., 181; 
Wolff v. Archibald, 14 Fed. Rep., 369; Northern Ins. Co. v. St. Louis Ry. Co., 15 Fed. Rep., 840; Horne 
v. B. and M. R. Co., 18 Fed. Rep., 50; Levy v. Laclede Bank, 18 Fed. Rep., 193; Ferry v. Merrimack, 18 
Fed. Rep., 663; Mutual L. Ins. Co. v. Champlin, 21 Fed. Rep., 85; Hazard v. Robihson, 21 Fed. Rep., 
193; U. S. v. Ferry Co., 21 Fed. Rep., 334; Gillette v. Denver, 21 Fed. Rep., 822; Shuford v. Cain, 1 Abb. 
C. C., 307, 22 Fed. Cas., 48; Capital City Bank v. Hodgin, 22 Fed. Rep., 209; Hambleton v. Durham, 22 
Fed. Rep., 465; Coiglazier v. Louisville R. Co., 22 Fed. Rep., 568; Lozano v. Wehmer, 22 Fed. Rep., 755; 
Hammond v. Cleveland, 23 Fed. Rep., 1; McKay v. Mace, 23 Fed. Rep., 76; Frazer Lubricator Co. v 
Frazer, 23 Fed. Rep., 305; Pacific Ry. Co. v. Missouri P. R. Co., 23 Fed. Rep., 566; Boston Electric Co. 
v. Electric G. L. Co., 23 Fed. Rep , 838; Norton v. Brewster, 23 Fed. Rep., 840; Glover v. Shepperd, 24 
Fed. Rep., 576; New York v. N. J. 8. T. Co., 24 Fed. Rep., 818; Virginia Coupon Cases, 25 Fed. Rep., 
654: Kansas v. Bradley, 26 Fed. Rep., 290; Illinois C. R. Co. v. Chicago R. Co., 26 Fed. Rep., 478: Clark 
v. Hammett. 27 Fed. Rep., 340; Dodd v. Ghiselin, 27 Fed. Rep., 405; Theurkauf v. Ireland, 27 Fed. 
Rep., 769; Whitehead v. Entwhistle, 27 Fed. Rep., 778; Allen v. O’Donald, 28 Fed. Rep., 17; Green v. 
Brooks, 28 Fed. Rep., 215; Chicago R. Co. v. Dakota Co., 28 Fed. Rep., 219; Leonard v. Shreveport, 28 
Fed. Rep., 257; Earp v. Coleman, 28 Fed. Rep., 340; Del Valle v. Welsh, 28 Fed. Rep., 342; Buford v. 
Holley, 28 Fed. Rep., 680; Symonds v. Greene, 28 Fed. Rep., 834; U. S. v. Telephone Co., 29 Fed. Rep., 
17; Wiggins v. Bethune, 29 Fed. Rep., 51; Lipsmeier v. Vehslage, 29 Fed. Rep., 175; Union Trust Co. v. 
Rochester Co., 29 Fed. Rep., 609; Bland v. Fleeman, 29 Fed. Rep., 669; U. S. v. Haynes, 29 Fed. Rep., 
691; Wade v. Wortsman, 29 Fed. Rep., 754; Poole v. West Point Association, 30 Fed. Rep., 516; Bern- 
heim v. Bernbaum, 30 Fed. Rep., 885; Gamewell Tel. Co. v. Mayor, 31 Fed. Rep., 312; Vannerson v. 
Leverett, 31 Fed. Rep., 376; First Nat. Bank v. Salem Co., 31 Fed. Rep., 580; Lazensky v. Knights of 
Honor, 32 Fed. Rep., 417; Moore v. Edgefield, 32 Fed. Rep., 498; Bourke v. Amison, 32 Fed. Rep., 710; 
Davis v. R. R. Co., 32 Fed. Rep., 863; Simons v. Paper Co., 33 Fed. Rep., 19; Prince v. Townes, 33 Fed. 
Rep., 161; Newgass v. New Orleans, 33 Fed. Rep., 196; Reinstadler v. Reeves, 33 Fed. Rep., 308; John¬ 
son v. Trippe, 33 Fed. Rep., 530; Omaha Ry. Co. v. Cable Co., 33 Fed. Rep., 689; Hardenberg v. Ray, 33 
Fed. Rep., 812, 151 U. S., 112; Winona v. Avery, 34 Fed. Rep., 31; Everhart v. Everhart, 34 Fed. Rep!, 82: 
Rollins v. Chaffee Co., 34 Fed. Rep., 91; Maxwell v. R. R. Co., 34 Fed. Rep., 286; Miller Magee Co. v. 
Carpenter, 34 Fed. Rep., 433; Wren v. Annin, 34 Fed. Rep., 435; Halstead v. Manning. 34 Fed. Rep., 
565; Gormully Mfg. Co. v. Pope Mfg. Co., 34 Fed. Rep., 818; Cooley v. McArthur, 35 Fed. Rep., 373; 
Conner v. Vicksburg R. Co., 36 Fed. Rep., 273; Foster v. Mansfield, etc., R. Co., 36 Fed. Rep., 627; 
Republic I. M. Co. v. Jones, 37 Fed. Rep., 721; U. S. v. Shaw, 39 Fed. Rep., 433; Meyer v. Herrara, 41 
Fed. Rep.. 65; Hynes v. Briggs, 41 Fed. Rep., 468; Hill v. Glasgow R. Co., 41 Fed. Rep., 610; Hartford 
Fire Ins. Co. v. Bonner Mercantile Co., 44 Fed. Rep., 151; In re Barry, 42 Fed. Rep., 113; U. S. v. Ken¬ 
tucky River Mills, 45 Fed. Rep., 273; Bostwick v. American Finance Co., 43 Fed. Rep., 897; Eaton v. 
Calhoun, 2 Flippin, 593, 47 Fed. Rep., 422; Yardley v. Dickson, 47 Fed. Rep., 835; Peeler v. Lathrop, 
48 Fed. Rep., 780; U. S. v. Southern Pacific R. Co., 49 Fed. Rep., 297; East Tennessee, etc., R. Co. v. 
Atlanta & F. R. Co., 49 Fed. Rep., 608; Fisher v. Yoder, 53 Fed. Rep., 565; Foster v. Cleveland, etc., 
Ry. Co., 56 Fed. Rep., 434; Ward v. Blake Mfg. Co., 56 Fed. Rep., 437; Hicklin v. Marco, 56 Fed. Rep.. 
549; Jones v. Shapera, 57 Fed. Rep., 457; Greaves v. Neal, 57 Fed. Rep., 816; Bowden v. Burnham, 59 
Fed. Rep., 752; Holtv. Bergevin, 60 Fed. Rep., 1; Towle v. American Building Society, 60 Fed. Rep., 
131; Werner v. Murphy, 60 Fed. Rep.. 769; Bangs v. Loveridge, 60 Fed. Rep., 963; Dinzy v. Illinois Cent. 
R. Co., 61 Fed. Rep., 49; Cabot v. McMaster, 61 Fed. Rep., 129; Weatherby v. Stinson, 62 Fed. Rep., 173; 
B. & O. Ry. Co. v. Meyers, 62 Fed. Rep., 367; Ciley v. Patton, 62 Fed. Rep., 498; Municipal Ins. Co. v. 
Gardiner,'62 Fed. Rep., 954; Bowdoin College v. Merritt, 63 Fed. Rep., 213; U. S. v. Southern Pac. Ry. 
Co., 63 Fed. Rep., 481; Smith v. Atchison, etc., R. Co., 64 Fed. Rep., 1; Danahy v. Denison Nat. Bank, 
64 Fed. Rep., 148; Unions. Co. v. Hall Signal Co.,65 Fed. Rep., 625; Sneed v. Sellers, 66 Fed. Rep., 371; 
Kennedy v. Penn. I. & C. Co., 67 Fed. Rep., -339; Smith v. Sargent M. Co., 67 Fed. Rep., 801; Kennedy 
v. Solar Ref. Co., 69 Fed. Rep., 715; Westinghouse Air Brake Co. v. Great Nor. Ry. Co., 88 Fed. Rep., 
258; Crawford v. Hubbell, 89 Fed. Rep., 1; Smith v. Am. Nat. Bank, 89 Fed. Rep.,832; Johnson v. 
Wells, Fargo & Co., 91 Fed. Rep., 1; U. S. v. S. P. Shotter Co., 110 Fed. Rep., 1; Lengel v. Amer. S. & R. 
Co., 110 Fed. Rep., 19. 


Second. Of all crimes and offenses cognizable under the authority fe ns es ? rimes and of 


of the United States. 

Aug., 1888, 25 Stat. L.,433, c. 866; 1 Supp., 611. 


R. S., ss. 563, pars. 1, 
2; 629, pars. 19, 20. 13 

4 Sept., 1890, 26 Stat. L., 424, c. 874, s. 2; 1 Supp., 799. 


Ex parte Bollman, 4 Cranch, 75; U. S. v. Hudson, 7 Cranch,32: U. S. v. Bevans, 3 Wheat., 336; U. S. 
v. Wiltberger, 5 Wheat., 76; U. S. v. Pirates, 5 Wheat., 184; U. S. v. Paul, 6 Pet., 141; U. S. v. Coombs, 12 
Pet., 72; U. S. v. Holliday, 3 Wall., 415; Ex parte Parks, 93 U. S., 18; U. S. v. McBratney, 104 U. S., 621; 
In re Mills, 135 U. S., 263; Jones v. U. S., 137 U. S., 202; Smith v. U. S., 137 U. S., 224; Key v. U. S., 
137 U. S., 224; Logan v. U. S„ 144 U. S., 263; Caha v. U.S., 152 U. S., 211; N. Y. v. Eno, 155 U. S., 89; 
Rosecrans v. U. S.,165 U. S., 257; The Abby, 1 Mason, 360, 1 Fed. Cas., 26; Corfield v. Coryell, 4 Wash., 
371, 6 Fed. Cas., 546; Miller’s case, Brown, adm., 156, 17 Fed. Cas., 300; U. S. v. Alberty, Hempst., 444, 
24 Fed. Cas., 765; U. S. v. Barnev, 5 Blatch., 294, 24 Fed. Cas., 1011; U. S. v. Bennett, 3 Hughes, 466, 24 
Fed. Cas., 1111; U. S. v. Bird, 1 Sprague, 299, 24 Fed. Cas., 1148: U. S. v. Donlan, 5 Blatch., 284, 25 Fed. 
Cas. 887; U. S. v. Coolidge, 1 Wheat., 415, 1 Gall., 488, 25 Fed. Cas., 618; U. S. v. Greiner, 4 Phila.,396, 26 
Fed. Cas., 36; U. S. v. Grush, 5 Mason, 290, 26 Fed. Cas., 48; U S. v. Hamilton, 1 Mason, 152, 26 Fed. Cas., 
93; IT. S. v. Randolph, 1 Pittsb., 24, 27 Fed. Cas., 709; U. S. v. Lancaster. 2 McLean, 431, 26 Fed. Cas., 
854 ; U. S. v. New Bedford Bridge, 1 Wood. & M., 491, 27 Fed. Cas., 91; U. S. v. Roberts, 2 N. Y. Leg. 
Obs., 99, 27 Fed. Cas., 822; U.S. v. Seagrist, 4 Blatch., 420,27 Fed. Cas., 1002; U. S. ■*’. Smith, 3 Wash., 78, 
27 Fed. Cas., 1246; U. S. v. Tavlor, 1 Hughes, 614, 28 Fed. Cas., 19; U. S.v. Terrel, Hempst., 411, 28 Fed. 
Cas., 40; U. S. v. Wilson, 3 Blatch., 435, 28 Fed. Cas., 718; U. S. v. Worrall. 2 Dali., 384, 28 Fed. Cas., 774; 
U. S. v. Mackenzie, 1 N. Y. Leg. Obs., 371, 30 Fed. Cas., 1160; Delovio v. Boit, 2 Gall., 428, 7 Fed. Cas., 
418; The Martha Anne, Olcott, 18, 16 Fed. Cas., 868; U. S. v. Barry, 3 Int. Rev. Rec., 46; U. S. v. Carr, 3 
Sawyer, 302, 25 Fed. Cas., 303; U. S. v. Seveloff, 2 Sawyer, 311, 27 Fed. Cas., 1021; U. S. v. Gordon, 5 
Blatch , 18, 25 Fed. Cas., 1364; U. S. v. Stephens, 12 Fed. Rep., 52; Sharon v. Hill, 24 Fed. Rep., 726; 
U S. v. Clark, 31 Fed. Rep., 710; U. S. v. Lewis, 36 Fed. Rep., 449; The Willamette, 53 Fed. Rep., 602, 
u! s! v. Kessel, 63 Fed. Rep., 433. 

64100—12-2 





8 


THE JUDICIARY.— Oh. 2. 


Third. Of all civil causes of admiralty and maritime jurisdic¬ 
tion, saving to suitors in all cases the right of a common-law remedy 
where the common law is competent to give it; of all seizures on land 
or waters not within admiralty and maritime jurisdiction; of all 
prizes brought into the United States; and of all proceedings for the 


Admiralty causes, 
seizures, and prizes. 

R. S., ss. 563, pars. 8, 

9; 629, par. 6. 

Doaneu. Penhallow, 

1 Dali., 218; Keane v. 

The Gloucester, 2 

Dali., 36; Glass v. The , .— » , . 

Betsey, 3 Daii., 6; The condemnation ox property taken as prize 

Vengeance, 3 Dali., 

297; Calvert v. Janson, 3 Dali., 168; McDonnough v. Dannery, 3 Dali., 188; Jennings v. 
Carson, 4 Cranch, 2; Rose v. Himely, 4 Cranch, 269; The Betsey, 4 Cranch, 443; Whelan v. U. S., 7 Cranch. 
112; The Exchange, 7 Cranch, 116; Brown v. U. S., 8 Cranch, 110; The Alerta, 9 Cranch, 369; The Samuel, 
1 Wheat., 9; The Aurora, 1 Wheat., 96; L’Invincible, 1 Wheat., 238; Slocum v. Maybury, 2 Wheat., 6: 
U. S. v. Bevans, 3 Wheat., 336; The Amiable Nancy, 3 Wheat., 546; The Estrella, 4 Wheat., 298; The 
General Smith, 4 Wheat., 438; The Gran Para, 7 Wheat., 471; The Sarah, 8 Wheat., 391; The St. Jago 
de Cuba, 9 Wheat., 409; Manro v. Almeida, 10 Wheat., 473; Ramsey v. Allegre, 12 Wheat., 611; Gardner 
v. The New Jersey, 1 Pet., 236; Am. Ins. Co. v. Canter, 1 Pet., 511; Peyroux v. Howard, 7 Pet., 324; 
Hobert v. Drogan, 10 Pet., 118; Orleans v. The Phoebus, 11 Pet., 175; New England Ins. Co. v. The Brig 
Sarah Anne, 13 Pet., 387; Houseman v. The North Caroline, 15 Pet., 40; Andrews v. Wall., 3 How., 568; 
Waring v. Clarke, 5 How., 441; New Jersey Steam Navigation Co. v. Merchants Bank, 6 How., 389; 
Benner v. Portland, 9 How., 225; The Genesee Chief, 12 How., 443; Jecker v. Montgomery, 13 How., 
498; The New World v. King, 16 How., 469; Bogart v. The John Jay, 17 How., 399; Smith v. Maryland, 

18 How., 71; Ward v. Peck., 18 How., 267; The Yankee Blade, 19 How., 92; Schuchardt v. The Angelique, 

19 How., 239; Grant v. Poillon, 20 How., 168: The Steamboat Magnolia, 20 How., 296; People’s Ferry 
Co. v. Beers, 20 How., 400; Taylor v. Carryl, 20 How., 598; Nelson v. Leland, 22 How., 48; Roach v. Chap¬ 
man, 22 How., 129; Ward v. Thompson, 22 How., 333; R. R. Co. v. Towboat Co., 23 How., 209; Phila. R. Co. 
v. The Phila. Tow Boat Co., 23 How., 215; Morewood v. Enequist, 23 How., 493; Bulkley v. Steam Co., 
24 How., 386; The Saint Lawrence, 1 Black, 522; Prize Cases, 2 Black, 635; Taylor v. The Royal Saxon, 
1 Wall., 322; The Plymouth, 3 Wall., 35; The Admiral, 3 Wall., 612; The Moses Taylor, 4 Wall., 427; 
Hine v. Trevor, 4 Wall., 567: The Nassau, 4 Wall., 634; The Rock Island Bridge, 6 Wall., 213; The Siren, 
7 Wall., 159; The Belfast, 7 Wall., 624; The Eagle, 8 Wall., 15; The Maggie Hammond, 9 Wall., 457; 
The Northern Bell, 9 Wall., 526; Cooper v. Reynolds, 10 Wall., 308; The Daniel Ball, 10 Wall., 557; Ins. 
Co. v. Dunham, 11 Wall., 1; Leon v. Galceran, 11 Wall., 185; Norwich Co. v. Wright, 13 Wall., 104; 
Steamboat Co. v. Chase, 16 Wall., 522; Atkins v. The Disintegrating Co., 18 Wall., 272; Ins. Co. v. Dunn, 
19 Wall., 223; New Orleans v. S. S. Co., 20 W’all., 387; The Montello. 20 Wall., 430; Edwards v. Elliott, 
21 Wall., 532; The Lottawana, 21 Wall., 558; The Rio Grande, 23 Wall., 458; Sherlock v. Ailing, 93 U. S., 
99; The Atlas, 93 U. S., 316; Barney v. Keokuk, 94 U. S., 324; McCready v. Virginia, 94 U. S., 391; Ex 
parte Easton, 95 U. S , 68; U. S. v. Winchester, 99 U. S., 372; The City of Panama, 101 U. S., 453; Schoon- 
maker v. Gilmore, 102 U. S., 118; The Scotland, 105 U. S., 24; Leathers v. Blessing, 105 U. S., 626; Ex 
parte Boyer, 109 U. S., 629; The Belgenland, 114 U. S., 364; Coffey v. U. S., 116 U. S., 427, 117 U. S„ 233; 
The Harrisburg, 119 U. S., 199; Knapp & Co. v. McCaffrey, 177 U. S., 638; The Robert W. Parsons, 191 
U. S., 36; The Aberfoyle, 1 Blatch., 360, 1 Fed. Cas., 35; The Acadia, Brow'n, Adm., 73,1 Fed. Cas., 43; 
The Advocate, Blatch. Pr. Cas., 142, 1 Fed. Cas., 200; The A. J. View, Blatch. Pr. Cas., 143,1 Fed. Cas., 
253; Alberti v. The Virginia, 2 Paine, 115, 1 Fed. Cas., 306; Abbey v. The Robert L. Stevens, 22 How. 
Pr., 78, 1 Fed. Cas., 10; The Brig Alligator, 1 Gall., 145, 1 Fed. Cas., 527; Davis v. Child, 2 Ware, 78, 2 
Fed. Cas., 112; Atkins v. Burrows, 1 Pet. Adm., 244, 2 Fed. Cas., 115; Boone v. The Hornet, Crabbe, 
426, 3 Fed. Cas., 876; Bradley v. Bolles, Abb. Adm., 569, 3 Fed. Cas., 1136; Brown v. Lull, 2 Sumner, 
443, 4 Fed. Cas., 407; Campbell v. Hadley, 1 Sprague, 470, 4 Fed. Cas., 1163; The Canton, 1 Sprague, 
437, 5 Fed. Cas., 29; The Caroline, 1 Lowell, 173, 5 Fed. Cas., 92; The Emma Johnson, 1 Cliff., 633, 5 
Fed. Cas., 109; Chamberlain v. Chandler, 3 Mason, 242, 5 Fed. Cas., 413; The Chusan, 2 Story, 455, 

5 Fed. Cas., 680; The Circassion, 11 Blatch., 472, 5 Fed. Cas., 711; Clarke v. U. S., 2 Wash., 520, 5 
Fed. Cas., 930; Cox v. Murray, Abb. Adm., 340, 6 Fed. Cas., 681; Cunningham v. Hall, 1 Cliff., 54, 

6 Fed. Cas., 967; Davis v. Child. 2 Ware, 78, 7 Fed. Cas., 112; Davison v. Sealskins, 2 Paine, 324, 7 
Fed. Cas., 192; Dean v. Bates, 2 Wood. & M., 87, 7 Fed. Cas., 299; The Salisbury, Olcott, 71, 7 Fed. 
Cas., 279; De Lovio v. Boit, 2 Gall., 398, 7 Fed. Cas., 418; Deshon v. The Madora, 2 Wood. & M., 118, 

7 Fed. Cas., 528; The Dick Keyes, 1 Biss., 408, 7 Fed. Cas., 678; Dike v. Propeller St. Joseph, 6 
McLean, 573, 7 Fed. Cas., 697; The Eliza Ladd, 8 Chi. Leg. N., 98, 8 Fed. Cas., 491: The Kirkland, 3 
Hughes, 641, 8 Fed. Cas., 105; The Elmira Shepherd, 8 Blatch., 341, 8 Fed. Cas., 579; The Elwine Krep- 
lin, 9 Blatch., 438, 8 Fed. Cas., 588; The E. M. McChesney, 15 Blatch., 183, 8 Fed. Cas., 672; The Emu¬ 
lous, 1 Gall., 536, 8 Fed. Cas., 697; The Epsilon, 6 Ben., 381, 8 Fed. Cas., 744; The Fideiiter v. U. S., 1 
Sawy., 153, 8 Fed. Cas., 1176; The Fidelity, 16 Blatch., 569, 8 Fed. Cas., 1189; Fifty Thousand Feet of 
Lumber, 2 Lowell, 64, 9 Fed. Cas., 47; Re 528 Pieces of Mahogany, 2 Lowell, 323, 9 Fed. Cas., 200; The 
Florence, 4 Cent. L. J., 249, 9 Fed. Cas., 294; The Flash, 1 Abb. Adm., 67, 9 Fed. Cas., 252; Gastrel v. 
A Cypress Raft, 2 Woods, 213, 10 Fed. Cas., 83; The General Cass, Brown, Adm., 334, 10 Fed. Cas., 169; 
The George T. Kemp, 2 Lowell. 477, 10 Fed. Cas., 227; The Gold Hunter, Blatch. and H., 300, 10 Fed. 
Cas., 554; Graham v. Hoskins, Olcott 224, 10 Fed. Cas., 924; Grigg v. The Clarissa Ann, 2 Hughes, 89, 11 
Fed. Cas., 47; Gurney v. Crockett, Abb. Adm., 490, 11 Fed. Cas., 123; The Gustavia, Blatch. and H., 
189, 11 Fed. Cas., 126; Hale v. Ins. Co., 2 Story, 176, 11 Fed. Cas., 189; Hannah v. The Carrington, 2 
West. Law M., 456, 11 Fed. Cas., 437; The Harriet, Olcott, 229, 11 Fed. Cas., 586; The Hendrick Hudson, 
3 Ben., 419, 11 Fed. Cas., 1085; The Hezekiah Baldwin, 8 Ben., 556, 12 Fed. Cas., 93; The Hiawatha, 
Blatch. Pr. Cas., 1, 12 Fed. Cas., 95; The Highland Light, Chase, 150, 12 Fed. Cas., 138; Hill v. The 
Amelia, 6 Ben., 475, 12 Fed. Cas., 150; The Iosco, Brown, Adm., 495, 13 Fed. Cas., 89; The Island City, 
1 Lowell, 375,13 Fed. Cas., 172; The J. B. Lunt, 11 N. Y. Leg. Obs., 137, 13 Fed. Cas., 426; The John 
Jay. 3 Blatch., 67, 13 Fed. Cas., 686; The Illinois, Brown, Adm., 13, 12 Fed. Cas., 1170; Jones v. Coal 
Barges, 3 Wall. Jr., 53, 13 Fed. Cas., 950; The Kate Tremaine, 5 Ben., 60, 14 Fed. Cas., 144; Kellum v. 
Emerson, 2 Curtis, 79, 14 Fed. Cas., 263; Kerrison v. Stewart, 1 Hughes, 67x, 14 Fed. Cas., 411; Kynoch 
v. the S. C. Ives, Newb., Adm., 205, 14 Fed. Cas., 888; L’Arina v. Mainwaring Bee, 14 Fed. Cas., 
1148; Lee v. Thompson, 3 Woods, 167, 15 Fed. Cas., 233; The Goldsmith, 3 Newb., 123,15 Fed. Cas., 89; 
The Leonidas, Olcott, 12, 15 Fed. Cas.. 348; Leland v. The Medora, 2 Wood, and M., 92, 15 Fed. Cas., 
298; The Leonard, 3 Ben., 263, 15 Fed. Cas., 333; Lewis v. Kinney, 5 Dillon, 159, 15 Fed. Cas., 484; The 
Lucy Anne, 3 Ware, 253, 15 Fed. Cas., 1092; Maisonnaire v. Keating, 2 Gall., 341, 16 Fed. Cas., 513; 
Maltby v. Steam Derrick Boat, 3 Hughes, 477, 16 Fed. Cas., 564; The Martha Anne, Olcott, 18, 16 Fed. 
Cas., 868: Martins v. Ballard, Bee, 51, 16 Fed. Cas., 923; The Mary, 1 Sprague, 204, 16 Fed. Cas., 945; 
The Mary Washington, 1 Abb. U. S., 1 Chase, 125, 16 Fed. Cas., 1006; The May Queen, Sprague, 588, 16 
Fed. Cas., 1268; The Missouri, 3 Ben., 508, 17 Fed. Cas., 479; The M. M. Caleb, 9 Ben., 159, 17 Fed. Cas., 
548; The M. R. Brazos, 10 Ben., 435, 17 Fed. Cas., 951; Mutual Safety Ins. Co. v. The Cargo of Brig 
George, Olcott, 89, 17 Fed. Cas., 1082; The Neil Cochran, Brown, Adm., 162, 17 Fed. Cas., 1296; Oakes 
r. Richardson, 2 Lowell, 173, 18 Fed. Cas., 512; Peck v. Laughlin, 37 Leg. Int., 18, 19 Fed. Cas., 77; 
N. Y. v. Hicbland, 6 Ben., 289,18 Fed. Cas., 137: The North Cape, 6 Biss., 505, 18 Fed. Cas., 342; The 
Ocean Belle, 6 Ben., 253, 18 Fed. Cas., 524; The Olive, Blatch. Pr. Cas., 185, 18 Fed. < as., 629; The 
Onore, 6 Ben , 564, 18 Fed. Cas., 728; The Osceola. Blatch. Pr. Cas., 150, 18 Fed. Cas., 867; The Ottawa, 
Brown, Adm , 356, 18 Fed. Cas., 908; The Pacific, 1 Blatch., 569, 18 Fed. Cas., 935; The Louisa. 2 Wood, 
and M., 48, 18 Fed. Cas., 958; The Pauline, 19 Fed. Cas., 1; Peck v. McLaughlin, 14 Phila., 531, 19 Fed. 
Cas., 77; Peele v. Ins. Co., 3 Mason, 27, 19 Fed. Cas., 98; The Perseverence, Blatch. and H., 385, 19 
Fed. Cas.. 307; The Peterhoff, Blach. Pr. Cas., 463, 19 Fed. Cas., 316; The Pizarro, 10 N. Y. Leg. Obs., 
97, 19 Fed. Cas., 786; The Norwich, 1 Ben., 89, 19 Fed. Cas., 792; Plummer v. Webb, 4 Mason, 380, 19 
Fed. Cas., 891; A Raft of Spars, Abb. Adm., 485, 20 Fed. Cas., 173; Ransom v. Mayo, 3 Blatch., 70, 20 
Fed. Cas., 282; The Winslow, 3 West. Law M., 78, 20 Fed. Cas., 628; Peppert v. Robinson, Taney, 492, 




THE JUDICIARY.— Ch. 2. 


9 


20 Fed. Cas., 541; Reveris v. Lewis, 2 Paine, 202, 20 Fed. Cas., 557; Rich v. Parrott, 1 Cliff., 55, 20 Fed. 
Cas., 677; The Richard Busteed, 1 Sprague, 441, 20 Fed. Cas., 683; Russell v. The Asa R. Swift, 1 Newb., 
553, 21 Fed. Cas., 22; The Empire State, 1 Newb., 541, 21 Fed. Cas., 23; Sageman v. Schooner Brandy¬ 
wine, Newb., Adm., 5, 21 Fed. Cas., 149; The Sailor Prince, 1 Ben., 234, 21 Fed. Cas., 152; The Sarah 
Jane, 1 Lowell, 203, 21 Fed. Cas., 456; Scott v. The Young America, 1 Newb., Adm., 101, 21 Fed. Cas., 
851; 680 Pieces of Merchandise, 2 Sprague, 233, 22 Fed. Cas., 252; Smith v. Wilson, 31 How. Pr., 272, 22 
Fed. Cas., 700; Smith v. The Pekin, Gilpin, 203, 22 Fed. Cas., 620; The Sparkle, 7 Ben., 528, 22 Fed. 
Cas., 874; Squire v. Tons of Iron, 2 Ben., 21, 22 Fed. Cas., 1017; The Farmer, Gilpin, 524, 23 Fed Cas. 
877; The Fannie, 8 Ben., 429, 23 Fed. Cas., 1179; The Tilton, 5 Mason, 465, 23 Fed. Cas., 1277; Tome v. 
Four Cribs of Timber, Taney, 533, 24 Fed. Cas., 18; Trainer v. The Superior, Gilpin, 514, 24 Fed. Cas 
130; The Tribune, 3 Sumner, 144, 24 Fed. Cas., 191; The Tropic Wind, Blatch. Pr. Cas., 64, 24 Fed. 
Cas., 212; Tunno v. The Betsina, 5 Am. Law Reg., 406, 24 Fed. Cas., 316; Turner v. Beacham, Taney, 
583, 24 Fed. Cas., 346; 282 Bales of Cotton, Blatch. Pr. Cas., 302, 24 Fed. Cas., 435; Merchandise v. U. S. 
Chase, 502, 24 Fed. Cas., 437; U. S. v. The Queen, 4 Ben., 237, 11 Blatch.. 416, 27 Fed. Cas., 669; U. S. v. 
Thompson, 1 Sumner, 168, 28 Fed. Cas., 102; U. S. v. Bales of Cotton, 1 Woolw., 236, 28 Fed. Cas., 302; 
The John B. Cole, 4 N. Y. Leg. Obs., 373, 28 Fed. Cas., 1075; The Virginia Rulon, 13 Blatch., 519, 28 
Fed. Cas., 1231; The Volunteer, Brown, Adm., 160, 28 Fed. Cas., 1258; Waterbury v. Myrick, Blatch 
and H., 34, 29 Fed. Cas., 379; The Wave, Blatch. and H., 235, 29 Fed. Cas., 453; The Waverly, 7 Biss. 
465, 29 Fed. Cas., 470; The W. H. Clark, 5 Biss., 295, 29 Fed. Cas., 855; Willard v. Dorr, 3 Mason, 91, 29 
Fed. Cas., 1275; The William D. Rice, 3 Ware. 134, 29 Fed. Cas., 1296; The William Jarvis, 1 Sprague, 
485, 29 Fed. Cas., 1309; Wortman v. Griffith. 3 Blatch., 528, 30 Fed. Cas., 648; The W. T. Walsh, 5 Ben., 
72, 30 Fed. Cas., 405; Zaralla, Blatch. Pr. Cas.. 173; 30 Fed. Cas., 915; Monongahela Nav. Co. v. The Bob 
Cornell, 1 Fed. Rep., 218; Andrews v. Essex F. and M. Ins. Co., 3 Mason, 16, 1 Fed. Rep., 885; Hubbard 
v. Roach, 2 Fed. Rep., 393; Roberts v. The Windermere, 2 Fed. Rep., 722; Constantines. The River 
Queen, 2 Fed. Rep., 731; Endner v. Greco, 3 Fed. Rep., 411; Pelham v. The B. F. Woolsey, 3 Fed. Rep., 
457; Daily v. Doe, 3 Fed. Rep., 903; Terrell v. The B. T. Woolsey, 4 Fed. Rep., 555; Re Long Island 
Trans. Co., 5 Fed. Rep., 606; Holmes v. O. and C. R. R. Co., 6Sawy., 262, 5 Fed. Rep., 75; The Champion, 
Brown, Adm., 520, 5 Fed. Rep., 428; The Steamship Mississippi, 6 Fed. Rep., 543; Tire Seneca, Gilpin, 
10, 7 Fed. Rep., 166; Coast Wrecking Co. v. ins. Co., 7 Fed. Rep., 236; The Clatsop Chief, 7 Sawy., 274, 
8 Fed. Rep., 163; Coyne v. Caples, 8 Fed. Rep., 638; The Mamie, 8 Fed. Rep., 367; The Pacific, 9 Fed. 
Rep., 120; Lawrence v. Morrisiana Co., 9 Fed. Rep., 208: The Guiding Star. 9 Fed. Rep., 521; The Mary 
Stewart, 5 Hughes, 312, 10 Fed. Rep., 137; Cope v. Vallette Dry Dock, 10 Fed Rep., 142; Maury v. 
Culliford, 10 Fed. Rep., 388; The Vidal Sala, 12 Fed. Rep., 207; Stewart v. Ferry Co., 12 Fed. Rep., 296; 
The Bark San Fernando v. Jackson, 12 Fed. Rep., 341; The Ferreri, 9 Fed. Rep'., 468, 14 Fed. Rep., 589; 
Wenberg v. A Cargo of Mineral Phosphate, 15 Fed. Rep., 285; Muntz v. A Raft, 15 Fed. Rep., 655; The 
Arkansas, 17 Fed. Rep., 383; Duluth Lumber Co. v. St. Louis B. and Imp. Co., 17 Fed. Rep., 419; The 
Count de Lesseps, 17 Fed. Rep., 460; The B. and C., 18 Fed. Rep., 543; The Manhasset, 18 Fed. Rep., 
918; The Manhasset, 19 Fed. Rep., 430; The C. Accame, 20 Fed. Rep., 642; IJ. S. v. Burlington Ferry 
Co., 21 Fed. Rep., 336; Onderdonc v. Smith, 21 Fed. Rep., 588; Britton v. The Venture, 21 Fed. Rep., 
928; The New Hampshire, 21 Fed. Rep., 924; The Mundy, 22 Fed. Rep., 173; The J. F. Warner, 22 Fed. 
Rep., 345; The Alabama, 22 Fed. Rep., 450; Snyder v. A Floating Dry Dock, 22 Fed. Rep., 685; Leonard 
v. Decker, 22 Fed. Rep., 741; Fox v. Patton, 22 Fed. Rep., 746; TheG. Reusens, 23 Fed. Rep., 403; The 
Amelia, 23 Fed. Rep., 406; The Professor Morse, 23 Fed. Rep., 803; The Alberto, 24 Fed. Rep., 379; The 
Ella B., 24 Fed. Rep., 508; The City of Lincoln, 25 Fed. Rep., 835; Etheridge v. Philadelphia, 26 Fed. 
Rep., 42; In re Transportation Co., 26 Fed. Rep., 713; The Director, 26 Fed. Rep., 768; The Wivanhoe, 
26 Fed. Rep., 927; The W. A. Morrell, 27 Fed. Rep., 570; The Columbia, 27 Fed. Rep., 704; The City of 
Mexico, 28 Fed. Rep., 148; The Murphy Tugs, 28 Fed. Rep., 429; The Ella J. Slaymaker, 28 Fed. Rep., 
767; The Daisy, 29 Fed. Rep., 300; The Noddleburn, 30 Fed. Rep., 142, 28 Fed. Rep., 855; Patterson v. 
Dakin, 31 Fed. Rep., 682; Spencer v. Kelley, 32 Fed. Rep., 838; The Alaska, 33 Fed. Rep., 112; The 
Pulaski, 33 Fed. Rep., 383: Cartier v. The F. and P. M. No. 2, 33 Fed. Rep., 511; Oleson v. The Ida 
Campbell, 34 Fed. Rep., 432; The Phoenix, 34 Fed. Rep., 760; Brown v. Certain Tons of Coal, 34 Fed. 
Rep., 913; La Normandie, 58 Fed. Rep., 427; The Josie, 59 Fed. Rep., 782. 


Fourth. Of all suits arising under any law relating to the slave la ° f relating d to The 
trade. ’ slave trade. 


R. S., s. 629, par. 7. 

Fifth. Of all cases arising under any law providing for internal of cases under jnter- 
revenue, or tor revenue from imports or tonnage, except those cases and tonnage laws. 
arising under any law providing revenue from imports, jurisdiction r. s., ss. 563, par. 5; 
of which has been conferred upon the Court of Customs Appeals. 629, par - 4 - _ 


U. S. v. Shaw,39 Fed. Rep., 433; Gelston v. Hoyt, 3 Wheat., 246; P. M. Gen. v. Early, 12 Wheat., 136; 
Dox v. P. M. Gen., 1 Pet., 318; Ins. Co. v. Ritchie, 5 Wall., 541; Hornthall v. Collector, 9 Wall., 560; Aver- 
ill v. Smith, 17 Wall., 92; Ex parte Smith, 94 U. S., 456; U. S. v. Mooney, 116 U. S., 106; Coffey v. U. S., 
116 TJ. S., 427; Helwig v. U. S., 188 U. S., 605; Spreckel’s S. R. Co. v. McClain, 192 U. S., 407; La Manche, 
25 L. Rep. 585, 14 Fed. Cas., 965; The Malaga, 2 Am. Law Journal, 105, 16 Fed. Cas., 535; Schneider v. 
Barney, 13 Blatch., 37, 21 Fed. Cas., 702; U. S. v. Gay, 2 Gall., 360, 25 Fed. Cas., 1270; The Ship Recorder, 
2 Blatch., 120, 27 Fed. Cas., 723; La Jeune Eugenie, 2 Mason, 436, 28 Fed. Cas., 832; Shattuck v. Mal- 
ley, 1 Wash., 249, 21 Fed. Rep., 1181; The Friendship, 1 Gall., 112, 9 Fed. Cas., 825; Larkin v. Saffarans, 
15 Fed. Rep., 147; Eaton v. Calhoun, 15 Fed. Rep., 155, 2 Flippin, 593; Ames v. Hager, 36 Fed. Rep., 
129; U. S. v. Shaw, 39 Fed. Rep., 433; Commissioners v. Buckner, 48 Fed. Rep., 533; Wilkins v. Despard, 
5T. R., 117. 


Sixth. Of all cases arising under the postal laws. 


Of suits under postal 
laws. 


Seventh. Of all suits at law or in equity arising under the patent, 
the copyright, and the trade-mark laws. 


R. S., ss. 563, par. 7; 
629, par. 4. 

Of suits under the 
patent, the copyright, 
and trade-mark laws. 


R. S., ss. 629, par. 9; 20 Feb., 1905, 33 Stat. L.,728, c. 592,s. 17. 

Brady v. Daly, 175 U. S., 148; Holt v. Indiana Mfg. Co., 176 U. S., 68; Falk v. Curtis Pub. Co., 100 Fed. 
Rep., 77; Pratt v. Paris Gas Light Co., 168 U. S., 225; In re Keasby & Mattison Co., 160 U. S., 221; Luyties 
v. Hollendeer, 21 Fed. Rep., 281; 30 id., 632; Brower v. Boulton, 53 Fed. Rep., 390. 


Eighth. Of all suits and proceedings arising under any law regu- tio ° f s su J f ts irritate-' 
lating commerce, except those suits and proceedings exclusive juris- commerce laws, 
diction of which has been conferred upon the Commerce Court. 

4 Feb., 1887, 24 Stat. L„ 382, c. 104, s. 9; 1 Supp.,530. 2 Mar.,1889, 25 Stat. L., 857, c. 382; 1 Supp.,684. 
10 Feb., 1891, 26 Stat. L., 743, c. 128; 1 Supp., 891. 11 Feb., 1893, 27 Stat, L„ 443, c. 83; 2 Supp., 80. 8 Feb., 
1895, 28 Stat. L., 643,c. 61; 2 Supp., 369. Interstate Commerce Commission v. Brimson, 154 U. S., 447; 
Copp v. L. & N. Ry. Co., 50 Fed. Rep., 164; U. S. v. Fowkes, 53 Fed. Rep., 13; Van Patten v. Ch. Ry. Co., 
74 Fed. Rep., 981; Edmunds v. Ill. Cent. R. Co., 80 Fed. Rep., 78. 








10 


THE JUDICIARY.—Ch. 2. 


feku?e° alties and for Ninth. Of all suits and proceedings for the enforcement of penal- 
R s ss m rs 3 ties and forfeitures incurred under any law of the United States. 

6; 629, par. 5. 


Ketland v. The Cassius, 2 DalL, 365; Slocum v. Mayberry, 2 Wheat., 1; Gelsten v. Hoyt, 3 Wheat.,246; 
U. S. v. 350.Chests of Tea, 12 Wheat., 486; Freeman v. Howe, 24 How., 458: Charlotte Nat. Bank v. Mor¬ 
gan, 132 U. S., 141; Insley v. U. S., 1.50 U. S., 512; Lees v. U. S.. 150 U. S., 476; In re Rosey, 6 Ben., 507, 6 
Fed. Cas., 507; Hall v. Warren, 2 McLean, 232, 11 Fed. Cas., 275; The Joshua Leviness, 9 Ben., 339, 13 
Fed. Cas., 1155; Re Leszynsky, 16 Blatch., 14,15 Fed. Cas., 397; The Little Ann, 1 Paine, 40,15 Fed. Cas., 
622; The Lewellen, 4 Biss., 156,16 Fed. Cas., 444; The Steamer Missouri, 3 Ben., 508, 17 Fed. Cas., 479; 
The Nashville, 4 Biss., 188, 17 Fed. Cas., 1166; U. S. v. Edner, 4 Biss., 117, 25 Fed. Cas., 973; U. S. v. 500 
Boxes, 2 Abb. U. S., 500, 25 Fed. Cas., 1103; U. S. v. Griswold, 5 Sawyer, 25, 26 Fed. Cas., 42; U. S. v. Mann., 
1 Gall., 3, 177, 26 Fed. Cas., 1153; U. S. v. Willetts, 5 Ben., 220, 28 Fed. Cas., 612; Buchanan v. Bigg, 2 
Yeates, 232; Knowlton v. Boss, 1 Sprague, 163,14 Fed. Cas., 794; United States v. The Irma, 12 Int. Rev. 
Rec., 42, 26 Fed. Cas., 543; The Waterloo, Blatch. and H., 114, 29 Fed. Cas., 399; U. S. v. The Queen, 4 
Ben., 237, 27 Fed. Cas., 669; Hatch v. The Boston, 3 Fed. Rep., 807; U. S. v. Kellum, 19 Blatch., 372, 7 
Fed. Rep., 843; The Laura, 19 Blatch., 562, 8 Fed. Rep., 612; The Laura M. Starin, 11 Fed. Rep., 177; 
U. S. v. Mooney, 116 U. S., 104, 11 Fed. Rep., 476; U. S. v. The Henrietta Esch., 12 Fed. Rep., 483; U. S.d. 
3,880 Boxes of Opium, 8 Sawyer, 129,12 Fed. Rep., 402; U. S. v. Winstead, 12 Fed. Rep., 50; Bush v. U. S., 
13 Fed. Rep., 625; Cooper v. New Haven Steamboat Co., 18 Fed. Rep., 588; Taft v. Stevens L. & E. Co., 
37 Fed. Rep., 726; U. S. v. Mexican Nat, Ry. Co., 40 Fed. Rep., 769; U. S. v. Whitcomb N. B. Co., 45 Fed. 
Rep., 89; Rosenberg v. Union Iron Works, 109 Fed. Rep., 844; U. S. v. Mooney, 116 U. S., 106. 


Of suits on ii)3 1 
tures. 

R. S., ss. 563, par. 10; 
629, par. 8. 

Of suits for injuries 
on account of acts 
done under laws of 
the United States. 

R. S., s. 629, par. 12^ 

Crawford v. J ohnson, 
Deady, 457,6 Fed.Cas., 
777. 

Of suits concerning 
civil rights.__ 

R. 8., ss. 563, par. 11; 
629, par. 17. 

1 Mar., 1875, 18 Stat. 
L.,335, c. 114; lSupp., 
67. 

Blyew v. U. S., 13 
Wall., 581. 


Tenth. Of all suits by the assignee of any debenture for draw¬ 
back of duties, issued under any law for the collection of duties, 
against the person to whom such debenture was originally granted, or 
against any indorser thereof, to recover the amount of such debenture. 

Eleventh. Of all suits brought by any person to recover damages 
for any injury to his person or property on account of any act done 
by him, under any law of the United States, for the protection or 
collection of any of the revenues thereof, or to enforce the right of 
citizens of the United States to vote in the several States. 

Twelfth. Of all suits authorized by law to be brought by any 
person for the recovery of damages on account of any injury to his 
person or property, or of the deprivation of any right or privilege of 
a citizen of the United States, by any act done in furtherance of any 
conspiracy mentioned in section nineteen hundred and eighty, Revised 
Statutes. 


of suits against per- Thirteenth. Of all suits authorized by law to be brought against 
edge of conspiracy, any person who, having knowledge that any of the wrongs mentioned 

ctc ‘ _ in section nineteen hundred and eighty, Revised Statutes^ are about to 

r. s., s. 629, par. is. b e done, and, having power to prevent or aid in preventing the same, 
neglects or refuses so to do, to recover damages for any such wrongful 
act. 


of suits to redr&ss Fourteenth. Of all suits at law or in equity authorized by law to be 
color of law,' of civil brought by any person to redress the deprivation, under color of any 
rights - law, statute, ordinance, regulation, custom, or usage of any State, of 

r. s., ss. 563 , par. 12 ; any right, privilege, or immunity, secured by the Constitution of the 

629, par. i6. _United States, or of any right secured by any law of the United States 

Paul v. Virginia, 8 providing for equal rights of citizens of the United States, or of all 
Maryland 01 l^waih) P ersons within the jurisdiction of the United States. 

430; Slaughter House Cases, 16 Wall., 81; Bradwell v. The State, 16 Wall., 130; Chicago R. Co. v. Brown, 

17 Wall., 445; Bartmeyer v. Iowa, 18 Wall., 129; Minor v. Happersett, 21 Wall., 162; Walker v. Sauvinet, 

92 U. S., 90; U. S. v. Reese, 92 U. S., 214; Munn. v. Illinois, 94 U. S., 113; Hall v. De Cuir, 95 U. S., 485; 

Strouder v. West Virginia, 100 U. S., 303; Virginian. Rives, 100 U. S., 313; Ex parte Virginia, 100 U. S., 

339; Missouri v. Lewis, 101 U. S., 22; Neal v. Delaware, 103 U. S., 370; Pace v. Alabama, 106 U. S., 583; 

U. S. v. Harris, 106 U. S., 629; Civil Rights Cases, 109 U. S., 3; Carter v. Greenhow. 114 U. S., 320; Pleas¬ 
ants v. Greenhow, 114 U. S., 323; Corfield v. Coryell, 4 Wash., 371, 6 Fed. Cas., 546; U. S. v. Crosby, 1 
Hughes, 448, 25 Fed. Cas., 701; Cully v. B. & O. R. Co., 1 Hughes, 539, 6 Fed. Cas., 946; Ah Kow v. Nunan, 

5 Savvy., 562, 12 Fed. Cas., 252; Illinois v. C. & A. R. Co., 6 Biss., 110, 12 Fed. Cas., 1197; Underwriters’ 

Wrecking Co. v. The Katie, 3 Woods, 182, 24 Fed. Cas., 530; Re Parrott, 1 Fed. Rep., 481; U. S. v. Bun- 
tin, 10 Fed. Rep., 730; La Grande v. U. S., 12 Fed. Rep., 577; Smoot v. R. R. Co., 13 Fed. Rep., 337; Clay- 
brook v. Owensboro, 16 Fed. Rep., 297; Davenport v. Cloverport, 73 Fed. Rep.,689; Anglo-American 
Provision Co. v. Davis Provision Co., 105 Fed. Rep., 586, 19 A. G. Op., 174. 

ce?tai S noffices. recover Fifteenth. Of all suits to recover possession of any office, except 
' r s ss 5 6 3 ar i 3 - ^at of elector of President or Vice-President, Representative in or 
629,'parf i3.' ’ Delegate to Congress, or member of a State legislature, authorized 

Cohens v. Virginia, 6 by law to be brought, wherein it appears that the sole question touch- 
u h s a ktfk 4 , ; 9 °wheau t i le titfe to such office arises out of the denial of the right to vote 
738; Harrison v. Had- to any citizen offering to vote, on account of race, color, or previous 
Cas.", 649; Johnson r. condition of servitude: Provided , That such jurisdiction shall extend 
Fed el ca 3 s. W 755?smoot onl y so far as to determine the rights of the parties to such office by 
13 ^ed e Re ^ 337 °i rea ? on the denial of the right guaranteed by the Constitution of the 
comp. Dec.^363. 33 1 United States, and secured by any law, to enforce the right of citizens 
of the United States to vote in all the States. 













THE JUDICIARY.— Ch. 2. 


11 


Sixteenth. Of all cases commenced by the United States, or by of suits against 
direction of any officer thereof, against any national banking asso- as a sodations banking 
elation, and cases for winding up the affairs of any such bank; and K s 88 563 par is - 
of all suits brought by any banking association established in the 629, pars, io, ii P 
district for which the court is held, under the provisions of title l 12 i63 ly c 1 -io 22 S 4? i 
u National Banks,’ Revised Statutes, to enjoin the Comptroller of su’pp., ’ 354 . 13 Aug., 
(he Currency, or any receiver acting under his direction, as provided 
by said title. And all National banking associations established 
under the laws of the United States shall, for the purposes of all 8 wanes' wluH’ 
other actions by or against them, real, personal, or mixed, and all starke,”ioi u. s., 247- 
suits in equity, be deemed citizens of the States in which they are ers a Ba C nkncooper^m 
respectively located. [See §§ 49 , G 4.1 ‘ ils., 778;Da]eMfg!co. 

1 ^ *- 005 j v , Hyatt, 12o U. S., 51; 

Charlotte Nat. Bank v. Morgan, 132U.S..141; In re Hohorst, 160U.S.,653; U.S.«.Am. Bell Tel. Co.,159U. 
S., 548; In re Keasbey & M. Co., 160U.S., 221; Oregon,etc., Rwy. v. Skottowe, 162 U.S.,490; Hanford v. Da¬ 
vies, 163 U. S., 273; Press Pub. Co. v. Monroe, 164 U. S., 105; Cadle v. Tracy, llBlatch., 101, 4 Fed. Cas., 1967; 
Main v. Bank, 6 Biss., 26,16 Fed. Cas., 509: N. O. Banking Association v. Adams, 3 Woods, 21,18 Fed. Cas., 
118; Pittsburg Nat. Bank v. Pittsburg R. Co., 1 Fed. Rep., 190; Fifth Nat, Bank v. R. R. Co., 1 Fed. Rep., 190; 
Goldsmith v. Am. Paper Collar Co., 2 Fed. Rep., 139; Lori Hard v. Standard Oil Co., 2 Fed. Rep., 902: Foss 
v. Nat. Bank, 3 Fed. Rep., 185; Lyons v. Lyons Nat. Bank, 8 Fed. Rep., 375; Third Nat. Bank v. Harrison, 
8 Fed. Rep., 721; Ryan v. Lee, 10 Fed. Rep., 917; Atwood v. Portland Co., 10 Fed. Rep., 284; Freyling- 
hausen v. Baldwin, 12 Fed. Rep., 395; Union Bank v. Miller, 15 Fed. Rep., 703; Price v. Abbott, 17 Fed. 
Rep., 506; Jefferson Bank v. Fore, 25 Fed. Rep., 209; Hendee v. C. & P. R. Co., 26 Fed. Rep., 677; In re 
Yancey, 28 Fed. Rep., 451; McCarthy & H. T. Co. v. Glaenzer, 30 Fed. Rep., 387; Taft v. Stephens L. & 
E. Co., 37 Fed. Rep., 726; Farmers’ Nat. Bank v. McElhinney, 42 Fed. Rep., 801; California, etc., Co. v. 
Starr, 48 Fed. Rep., 560; Williamson v. American Bank, 109 Fed. Rep., 36; Morse Arms Mfg. Co. v. U. S., 
. 16 Ct. Cls., 296. • 


Seventeenth. Of all suits brought by any alien for a tort only, in 
violation of the laws of nations or of a treaty of the United States. 

In re Ah Fong, 3 Sway., 144. 


Suits by aliens for 
torts. 

R. S., s. 563, par. 16. 


Eighteenth. Of all suits against consuls and vice-consuls. 


Suits against con¬ 
suls or vice-consuls. 


R. S., s. 563, par. 17. 


U. S. v. Ravara, 2 Dali., 299; Davis v. Packard, 6 Pet., 41, 7 Pet., 276; Tennessee v. Davis, 100 U. S., 
257; Bors v. Preston, 111 U. S., 261; In re Baiz, 135 U. S., 403; Iasigi v. Van de Carr, 166 U. S., 391; Lor- 
way v. Lousada, 1 Lowell, 77, 15 Fed. Cas., 919; Sagory v. Wissman, 2 Ben., 240, 21 Fed. Cas., 149; Bixby 
v. Janssen, 6 Blatch., 315, 3 Fed. Cas., 488; Froment v. Duclos, 30 Fed. Rep., 385; U. S. v. Trumbull, 48 
Fed. Rep., 94; Pooley v. Luco, 76 Fed. Rep., 146; In re Iasigi, 79 Fed. Rep., 751. 


Nineteenth. Of all matters and proceedings in bankruptcy. 


Of suits and proceed¬ 
ings in bankruptcy. 


R. S„ s. 563, par. 18. 1 July, 1898,30Stat. L., 545, 552, c. 541, ss. 2, 23; 2 Supp., 843. 

Bardes v. Hawarden Bank, 178 U. S., 524; In re Bruss-Ritter Co., 90 Fed. Rep., 650; Rouse v. Hazard 
et al., 91 Fed. Rep., 96; Lea v. George M. West Co., 91 Fed. Rep., 237; Burnett v. Morris Merc. Co., 91 
Fed. Rep., 365; In re Gutwillig, 91 Fed. Rep., 481; Mitchell v. McClure, 91 Fed. Rep., 621: In re Marine 
M. & N. Co., 91 Fed. Rep., 630; In re Seviers, 92 Fed. Rep., 325; Carter v. Hobbs, 92 Fed. Rep., 594: 
n re Buntrock Clothing Co., 92 Fed. Rep., 886; In re Ogles, 93 Fed. Rep., 426; In re Brodbine, 93 
Fed. Rep., 643; Heath v. Shafer et al., 93 Fed. Rep., 647; In re Brice, 93 Fed. Rep., 742; Bernheimer 
v. Bryan, 93 Fed. Rep., 767; In re Abraham Bernheimer & Bryant, 93 Fed. Rep., 967; In re Houston, 
94 Fed. Rep., 119; Hicks v. Knost, 94 Fed. Rep., 625; In re Richard, 94 Fed. Rep., 633: Goodier v. 
Barnes et al., 94 Fed. Rep., 789; Camp v. Zellars, 94 Fed. Rep., 799; In re Fellerath, 95 Fed. Rep., 121; 
In re Franks, 95 Fed. Rep., 635; In re Purvine, 96 Fed. Rep., 192; In re Woodruff, 96 Fed. Rep., 317; In 
re McCorvey, 96 Fed. Rep., 317; In re Cowdrey, 96 Fed. Rep., 635; Bardes v. Hawarden Bank, 178 U. S., 
524; Mitchell v. McClure, 178 U. S., 539; Hicks v. Knost, 178 U. S., 541; White v. Schloerb, 178 U. S„ 542; 
Re Bruss-Ritter Co., 90 Fed. Rep., 942; Re Marine Machine Co., 91 Fed. Rep., 630; Re Brice, 93 Fed. 
Rep., 942; Re Williams, 99 Fed. Rep., 544; Wall v. Cox, 101 Fed. Rep., 403; Fellows v. Freudenthal, 102 
Fed. Rep., 731; Re Whitener, 105 Fed. Rep., 180; Boonville National Bank v. Blakey, 107 Fed. Rep.,891. 


Twentieth. Concurrent with the Court of Claims, of all claims 
not exceeding ten thousand dollars founded upon the Constitution of 
the United States or any law of Congress, or upon any regulation of 
an Executive Department, or upon any contract, express or implied, 
with the Government of the United States, or for damages, liqui¬ 
dated or unliquidated, in cases not sounding in tort, in respect to 
which claims the party would be entitled to redress against the United 
States, either in a court of law, equity, or admiralty, if the United 
States were suable, and of all set-offs, counterclaims, claims for 
damages, whether liquidated or unliquidated, or other demands what¬ 
soever on the part of the Government of the United States against 
any claimant against the Government in said court: Provided , hoiv- 
ever , That nothing in this paragraph shall be construed as giving to 
either the district courts or the Court of Claims jurisdiction to hear 
and determine claims growing out of the late civil war, and com¬ 
monly known as “ war claims,” or to hear and determine other claims 
which had been rejected or reported on adversely prior to the third 


Of suits against the 
United States. 


3 Mar., 1887, 24 Stat. 
L., 505, c. 359, ss. 1, 2; 

1 Supp., 659 

27 June, 1898, 30Stat. 
L., 495, C. 503, ss. 1, 2; 

2 Supp., 813. 

26Feb., 1900, 31 Stat. 
L., 33, c. 25; 2 Supp., 
119. 


U. S. v. Fletcher, 147 
U. S., 664. 










12 


THE JUDICIARY.— Ch. 2. 


day of March, eighteen hundred and eighty-seven, by any court, 
department, or commission authorized to hear and determine the 
same, or to hear and determine claims for pensions; or as giving to 
the district courts jurisdiction of cases brought to recover fees, sal¬ 
ary, or compensation for official services of officers of the United 
States or brought for such purpose by persons claiming as such 
officers or as assignees or legal representatives thereof; but no suit 
pending on the twenty-seventh day of June, eighteen hundred and 
ninety-eight, shall abate or be affected by this provision: And jrro- 
vided further , That no suit against the "Government of the United 
States shall be allowed under this paragraph unless the same shall 
have been brought within six years after the right accrued for which 
the claim is made: Provided , That the claims of married women, 
first accrued during marriage, of persons under the age of twenty- 
one years, first accrued during minority, and of idiots, lunatics, in¬ 
sane persons, and persons beyond the seas at the time the claim ac¬ 
crued, entitled to the claim, shall not be barred if the suit be brought 
within three years after the disability has ceased; but no other disa¬ 
bility than those enumerated shall prevent any claim from being 
barred, nor shall any of the said disabilities operate cumulatively. 
All suits brought and tried under the provisions of this paragraph 
shall be tried by the court without a jury. 

iawfui uit inciosure “Si Twenty-first. Of proceedings in equity, by writ of injunction, to 
public lands. restrain violations of the provisions of laws of the United States to 

25Feb., 1885,23stat. prevent the unlawful inclosure of public lands; and it shall be suf- 
supp 2 !’478. 149, s- 2: 1 ficient to give the court jurisdiction if service of original process be 
AjTs. v. comfleid 59 in any civil proceeding on any agent or employee having charge 
Fed. Rep., 562. or control of the inclosure. 

grauon^nd'contract- Twenty-second. Of all suits and proceedings arising under any law 
labor laws, _regulating the immigration of aliens, or under the contract labor laws. 

26 Feb., 1885, 23 Stat. L., 333, c. 164, s. 3; 1 Supp., 479. 3 Mar., 1891, 26 Stat. L„ 1086, c. 531, s. 13; 

1 Supp., 937. 20 Feb., 1907, 34 Stat. L„ 907, c. 1134, s. 29. Lees v. U. S., 15Q U. S., 476: U. S. v. Edgar. 

4 U. S. App., 41; Warren v. U. S.. 5 U. S. App., 656: Molle v. U. S., 13 U. S. App., 472; U. S. v. Craig, 28 
Fed. Rep., 795; In re Florio, 43 Fed. Rep.,114; U. S. v. Banister, 70 Fed. Rep.,44; U. S. v. River Spilling 
Co., 70 Fed. Rep., 978. 

t i°\L u 11 monopoiie^ Twenty-third. Of all suits and proceedings arising under any law 

and unlawful combi- to protect trade and commerce against unlawful restraints and mo- 
nations. A & 

2 July, 1890, 26 Stat. n °P°^ leS ’ 

L.,209,c. 647; lSupp.,763. 27 Aug.,1894,28 Stat. L.,570,c.349,ss. 73,74,75; 2 Supp., 333. U. S. v. Debs, 158 
U S 564; Delaware, etc.,Tel. Co. v. Tel. Co., 3 U. S. App.. 30; Workingman’s A. Council of N. O. v. U. S„ 

13 U. S. App., 426; U. S. v. Trans Mo. Freight Assn., 19 U. S. App., 36; Dueber Manuf. Co. v. Howard, 35. (J. S. 

App., 16; In re Corning, 51 Fed. Rep., 205; In re Greene, 52 Fed. Rep., 104; U. S. v. Nelson, 52 Fed. Rep., 

646; Blindell v. Hogan, 54 Fed. Rep., 40; U. S. v. Trans Mo. Freight Assn., 53 Fed. Rep., 440; U. S. v. Trans 
M°. Freight Assn., 58 Fed. Rep., 58; U. S. v. Patterson, 59 Fed. Rep., 280; U. S. r. E. C. Knight Co., 60 Fed. 

Rep., 306; Thomas v. Cincinnati Ry.Co.,62 Fed. Rep.,803; U.S.v.Debs, 63 Fed. Rep., 436; U.S.u.Debs. 

64 Fed. Rep., 724; U. S. v. Elliott,64 Fed. Rep., 27,801; U. S. v. Debs, 65 Fed. Rep., 210; U.S.v. Addvston,78 
Fed. Rep., 712. 

allot men ts C o? land ^o . Twenty-fourth. Of all actions, suits, or proceedings involving the 

Illdians - _ right of any person, in whole or in part of Indian blood or descent, 

15 Aug., 1894 ,28 stat. to any allotment of land under any law or treaty. And the judg- 
246 . 3 ° 2 i °Dec. : , 2 i9ii PP 37 nient or decree of any such court in favor of any claimant to an 
Imith h v HeVeelse' a ^ 0 ^ men ^ land shall have the same effect, when properly certified 
mD-kin/iio Fed^ep 6 ’ to the Secretary of the Interior, as if such allotment had been allowed 
60 ' and approved by him; but this provision shall not apply to any 

lands now or heretofore held by either of the Five Civilized Tribes, 
the Osage Nation of Indians, nor to any of the lands within the 
Quapaw Indian Agency: Provided , That the right of appeal shall 
be allowed to either party as in other cases. 

whereUnkedstates Twenty-fifth. Of suits in equity brought by any tenant in com- 

joint tenant. _mon or joint tenant for the partition of lands in cases where the 

L 17 4ie ay ’ 1 3 98 ’ 30St ^ t ' States is one of such tenants in common or joint tenants, such 

supp^’ 764 . 339, s ' 1:2 suits to be brought in the district in which such land is situate. 








THE JUDICIARY.— Ch. 3. 13 

Sec. 25 . The district courts shall have appellate jurisdiction of the H A pp f n ^ te ^ sdic ‘ 
judgments and orders ot United States commissioners in cases arismgexciusion laws, 
under the Chinese exclusion laws. ~~ 

T 13 S ept.,1888,25Stat. 

L., 479, c. 1015, s. 13; 2 Supp., 144. U. S. v. Jim, 47 Fed. Rep., 431. In re Mah Wong Gee, 47 Fed. Rep., 
433; U. S. v. Chong Sam, 47 Fed. Rep., 878; U. S. v. Lee Hoy, 48 Fed. Rep., 825; U. S. v. Gee Lee 50 Fed 
Rep., 271. 

Sec. 26 . The district court for the district of Wyoming shall have Appellate jurisdic- 
jurisdiction of all felonies committed within the Yellowstone National National Park 0 '' stone 
Park, and appellate jurisdiction of judgments in cases of conviction 7 May, 1894, 28 stat. 
before the commissioner authorized to be appointed under section su’pp.'iss. 72 ’ 8 ' 5; 2 
live of an act entitled “An Act to protect the birds and animals in 
Yellowstone National Park, and to punish crimes in said Park, and 
for other purposes,” approved May seventh, eighteen hundred and 
ninety-four. 

Sec. 27 . The district court of the United States for the district crimson Indian res f 
of South Dakota shall have jurisdiction to hear, try, and determine ervations in south 
all actions and proceedings in which an}' person shall be charged Dakota 
with the crime of murder, manslaughter, rape, assault with intent to L.^iglfc.^L’s 32 i Stat ‘ 
kill, arson, burglary, larceny, or assault with a dangerous weapon, 
committed within the limits of any Indian reservation in the State of 
South Dakota. 


CHAPTER THREE. 


DISTRICT COURTS—REMOVAL OF CAUSES. 


Sec. 

28. Removal of suits from State to 

United States district courts. 

29. Procedure for removal. 

30. Suits under grants of land from 

different States. 

31. Removal of causes against per¬ 

sons denied any civil rights, etc. 

32. When petitioner is in actual cus¬ 

tody of State court. 

31-1. Suits and prosecutions against 
revenue officers, etc. 


Sec. 

34. Removal of suits by aliens. 

35. When copies of records are refused 

by clerk of State court. 

30. Previous attachment bonds, orders, 
etc., remain valid. 

3T. Suits improperly in district court 
may be dismissed or remanded. 

38. Proceedings in suits removed. 

39. Time for filing record; return of 

record, how enforced. 


Sec. 28 . Any suit of a civil nature, at law or in equity, arising tr( fm r stiu a e toUnited 
under the Constitution or laws of the United States, or treaties made, states district courts, 
or which shall be made, under their authority, of which the district snar \3 7 7 5 ’ s 18 2 stat ' 
courts of the United States are given original jurisdiction by this i3Aug.‘,i888, S 25stat. 
title, which may now be pending or which may hereafter be brought, sup^ii 866, s ‘ 2: 1 
in any State court, may be removed by the defendant or defendants Railwayco.r. wint- 
therein to the district court of the United States for the proper ten. 13 vvaii., 270 ; 
district. Any other suit ot a civil nature, at law or in equity, ot u. s„ ii; Hyde v. 
which the district courts of the United States are given jurisdiction |ing e ’t) W COTneii, 4 i°oi 
by this title, and which are now pending or which may hereafter be [Ambers ’no'c^V' 
brought, in any State court, may be removed into the district court of 59 ; Aiiey_v. Nott, ifi 
the United States for the proper district by the defendant or defend- w'atson, 4 m u y s e ?80: 
ants therein, being non-residents of that State. And when in any suit Hess *>.’monoids, m 
mentioned in this section there shall be a controversy which is wholly co. v'. Bates' 119 u. s.,' 
between citizens of different States, and which can be fully determined ^ 0 n a u.' 
as between them, then either one or more of the defendants actually canW ^Dunham! 
interested in such controversy may remove said suit into the district county 'V Rich, 135 
court of the United States for the proper district. And where a suit sha S effe? : uo tSffois ; 
is now pending, or may hereafter be brought, in any State court,_ in u^B^ioeASaiit 0 
which there is a controversy between a citizen of the State in which Holmes, i 4 iu. s„ 589j 
the suit is brought and a citizen of another State, any defendant, s.? WaT &’st? p.‘ 
being such citizen of another State, may remove such suit into the dis- co. g v. iowa^ws 








14 


THE JUDICIARY.—Ch. 2. 


Ss^Halirick 1 ^ 7 Han- Uiet court of the United States for the proper district, at any time 
rick, 151 u. s'., 192 ; before the trial thereof, when it shall be made to appear to said dis- 
"Oregon short trict court that from prejudice or local influence he will not be able to 
i62 R u‘s°490 Sk wabash obtain justice in such State court, or in any other State court to which 
w. Ry. bo. 'v. Brow, the said defendant may, under the laws of the State, have the right, on 
& 64 p U ky."co 7R . cody! account of such prejudice or local influence, to remove said cause: Pro- 
16 n^i-n' a ’ >'ided, That if it further appear that said suit can be fully and justly 

Houston & t. c. r. Co. determined as to the other defendants m the State court, without being 
mcd onnei 7 v ,*j ord an [ affected by such prejudice or local influence, and that no party to 
y 8 p U R S coi; Martin l ^ e suit will be prejudiced by a separation of the parties, said district 
its u. s., 245 ; white- court may direct the suit to be remanded, so far as relates to such 
ins^co!' 2 C Fed' Rep! other defendants, to the State court, to be proceeded with therein. At 
498 'Grand Trunk 1 r! an y time before the trial of any suit which is now pending in any 
co., 3 Fed. Rep., 887; district court, or may hereafter be entered therein, and which has 
K°nna dg 8 e Fed. Rep^ been removed to said court from a State court on the affidavit of any 
85 C southmi e p ^ u co y party plaintiff that he had reason to believe and did believe that, 
13 Fed. Rep., 145; from prejudice or local influence, he was unable to obtain justice in 
Fed. b Rep., 4 oi; 1 Filer l 3 said State court, the district court shall, on application of the other 
6 o e 9 T y Meiendav v. R cur- P ar> ty, examine into the truth of said affidavit and the grounds there- 
rier. 22 Fed. Rep., 129 ; of, and, unless it shall appear to the satisfaction of said court that 
Fe^^Rep^m^Banc said party will not be able to obtain justice in said State court, it 
led Rep V ° 392 St woo 3 if shall cause the same to be remanded thereto. Whenever any cause 
v. c'hishoi’m, 30 Fed. shall be removed from any State court into any district court of the 
Bow man, 30 Fed !r ep^l United States, and the district court shall decide that the cause was 
Fe 9 (i Re e 6 p 49 - R Lazen- improperly removed, and order the same to be remanded to the State 
sky v. knights of court from whence it came, such remand shall be immediately carried 
417 - 1 Andersoii t) R Ap- into execution, and no appeal or writ of error from the decision of 
855; t0 Judah Fe t d ' iowii the district court so remanding such cause shall be allowed : Provided , 
Barb wire Co., 32 Fed. That no case arising under an act entitled “An act relating to the 
road Co., 32 Fed. Rep., liability of common carriers by railroad to their employees m certain 
82 2; Fed nle Rep.? ln 708’ ; cases j” approved April twenty-second, nineteen hundred and eight, 
R ~!d ne Re ai1 692 R w ! ’ 3g or ai W amen dment thereto, and brought in any State court of compe- 
fum Rep ciay 2, 33 V Fedi tent jurisdiction shall be removed to any court of the United States. 

Rep., 897: Covert v. Waldron, 33 Fed. Rep., 311; Illinois v. Railroad Co., 33 Fed. Rep., 721; 

Pitkin Mining Co. v. Markell, 33 Fed. Rep., 386; Hills v. Railroad Co., 33 Fed. Rep., 83; 

Loomis v. Coal Co., 33 Fed. Rep., 353; Gavin v. Vance, 33 Fed. Rep., 84; Kalamazoo Wagon 
Co. v. Snavely, 34 Fed. Rep., 823; Wolcott v. Aspen Co., 34 Fed. Rep., 821: Short v. Railway Co., 34 Fed. 

Rep., 225; Wilson v. Telegraph Co., 34 Fed. Rep., 561; B. & O. R. Co. v. Ford, 35 Fed. Rep., 170; Whelan 
v. Railroad Co., 35 Fed. Rep., 849; Malone v. Railroad Co., 35 Fed. Rep., 625; N. Y. I. & P. Co. v. Mil- 
burn Co., 35 Fed. Rep., 225; Cooley v. McArthur, 35 Fed. Rep., 372; Swayne v. Insurance Co., 35 Fed. 

Rep., 1; Southworth v. Reed, 36 Fed. Rep., 451; Ferguson v. Ross, 38 Fed. Rep., 161; Dennison v. 

Brown, 38 Fed. Rep., 535; McDermott v. Chicago, etc., R. Co., 38 Fed. Rep., 529; Austin v. Gagan, 39 
Fed. Rep., 627; Minnick v. Union Ins. Co., 40 Fed. Rep., 369; Texas v. D. L. & C. Co., 41 Fed. Rep., 

228; Anderson v. Bowers, 43 Fed. Rep., 321; Broadhead v. Shoemaker, 44 Fed. Rep., 518; Adelbert, etc., 

University v. Toledo, etc., R. Co., 47 Fed. Rep., 836; Hall v. Chattanooga Agrl. Works, 48 Fed. Rep., 

599; Grand Trunk R. Co. v. Twitchell, 59 Fed. Rep., 727; N. Y. C. Co. v. Simon, 53 Fed. Rep., 1: Brisden 
v. Chamberlain, 53 Fed. Rep., 307; Re Cilley, 58 Fed. Rep., 977; Ellis ^. Norton, 60 Fed. Rep., 4; Re The 
Jarnicke Ditch Co., 69 Fed. Rep., 161; Place v. Illinois, 69 Fed. Rep., 481; Carver v. Mortgage T. Co., 

73 Fed. Rep., 9; Hearndon v. Southern R. Co., 73 Fed. Rep., 307; Railroad Co. v. McKell, 75 Fed Rep., 

34; Re Foley, 80 Fed. Rep., 949; Franz v. Wahl, 81 Fed. Rep., 9; Hoyt v. Bates, 81 Fed. Rep., 641; Cree. 
v. Equitable L. A. Soc., 83 Fed. Rep., 849; Argonaut M. Co. v. Kennedy M. & M. Co., 84 Fed. Rep., 1; 

Indiana v. Lake Erie & W. R. Co., 85 Fed. Rep., 1; Speckart v. Nat. Bank, 85 Fed. Rep., 12; Indiana v. 

Alleghany Oil Co., 85 Fed. Rep., 870: Minnesota v. D. & I. R. Co., 87 Fed. Rep., 497; In re Stutsman 
County, 88 Fed. Rep., 337; Davis v. Randolph County, 88 Fed. Rep., 705: Crotts v. Southern Ry. Co., 

90 Fed. Rep., 1; Waco H. Co. v. Michigan Stove Co., 91 Fed. Rep., 289; Donahue v. Calumet F. C. Co., 

94 Fed. Rep., 93; Hartford & C. W. R. Co. v. Montague, 94 Fed. Rep., 227; Tompkins v. MacLeod, 96 
Fed. Rep., 927; People v. Sanitary District, 98 Fed. Rep., 150; Bates v. Carpentier, 98 Fed. Rep., 452; 

Ward v. Construction Co., 99 Fed. Rep., 598; Wahl v. Franz, 100 Fed. Rep., 680; Colburn v. Hill, 101 
Fed. Rep., 500; Broadway Ins. Co. v. Chicago & G. W. R. Co., 101 Fed. Rep., 507; Ralya Market Co. v. 

Armour & Co., 102 Fed. Rep., 530: Winters v. Drake, 102 Fed. Rep., 545; Mars v. Felton, 102 Fed. Rep., 

775; Calderhead v. Downing, 103 Fed. Rep., 27; Colburn v. Hill, 103 Fed. Rep., 340; Hoge v. Canton 
Ins. Office, 103 Fed. Rep., 512; Guarantee Company v. Hanway, 104 Fed. Rep., 369; Parkinson v. Barr, 

105 Fed. Rep., 81; Lederer v. Sire, 105 Fed. Rep., 529; Sheldon v. Wabash R. Co., 105 Fed. Rep., 785; 

Terre Haute v. E. & T. R. Co., 106 Fed. Rep., 545; Mayo v. Dockery, 108 Fed. Rep., 897. 


THE JUDICIARY.— Ch. 3. 


15 


Procedure 

moval. 


for re- 


Sec. 29 . Whenever any party entitled to remove any suit men¬ 
tioned in the last preceding section, except suits removable on the 
ground of prejudice or local influence, may desire to remove such 
suit from a State court to the district court of the United States, he 
may make and file a petition, duly verified, in such suit in such State 
-ourt at the time, or any time before the defendant is required by the tr^issu. s.?298;Ter- 

151 IJ. Sm 673; Evara v.^Watson,166 U. S., 527^ Powers v._C. & O. R..Co., 169 U. s!f 92; B M*Donnel?w! 


13 Aug., 1888, 25 Stat. 
L., 434, c. 866, s. 3; 1 
Supp., 613. 


™. n,eu., ouo. ivmiuii v. v.arier, 40 rea. itep., oyb; Kycroit v. Green, 49 Fed. Rep., 177; Rock Island 
Bank v. Keator L. Co., 52 Fed. Rep., 897; Burnham v. First Nat. Bank, 53 Fed. Rep., 163; Rubev C G M 
Co- v. Hunter,60 Fed. Rep., 305; Mahoney v. B. & L. Assn., 70 Fed. Rep., 513; First L. B. Corp.i>. Connect¬ 
icut River L. Co., 71 Fecf. Rep., 225; Chiatovich v. Hanschett, 78 Fed. Rep., 193; Frink v. Blaekimrton 
80 Fed. Rep., 306; Wilson v. Winchester, 82 Fed. Rep., 15; Whiteley M. C. Co. v. Sterlingworth R. s! 
Co., 83 Fed. Rep., 853; Tremper v. Sehwabaeher, 84 Fed. Rep., 413: Speekart v. Nat Bank 85 Fed 
Rep., 12; Tracy v. Morrel, 88 Fed. Rep., 801; Murphy v. Payette Gold Co., 90 Fed. Rep., 321- Probst v 
Cowen, 91 Fed. Rep., 629; Mecke v. Valley Town M. Co., 93 Fed. Rep., 697; Maher v. TowerHotel Co ’ 
94 Fed. Rep., 225; Hooven Co. v. Featherstone, 99 Fed. Rep., 180; Fife v. Whittell, 102 Fed. Rep. 537 : 
Yarnell v. Felton, 104 Fed. Rep., 161; Guarantee Co. v Hanway, 104 Fed. Rep., 369; Roberts r. P. A. R.' 
& N. Co., 104 Fed. Rep., 557; Hadfleld v. Life Assur. Co., 105 Fed. Rep., 530; Case v. Olney 106 Fed 
Rep., 433; Zebert v. Hunt, 108 Fed. Rep., 449; Jones v. Mosher, 107 Fed. Rep., 561. 


laws of the State or the rule of the State court in which such suit is 
brought to answer or plead to the declaration or complaint of the 
plaintiff, for the removal of such suit into the district court to be held 
in the district where such suit is pending, and shall make and file 
therewith a bond, with good and sufficient surety, for his or their en¬ 
tering in such district court, within thirty days from the date of filing 
said petition, a certified copy of the record in such suit, and for pav¬ 
ing all costs that may be awarded by the said district court if said 
district court shall hold that such suit was wrongfully or improperly 
removed thereto, and also for their appearing and entering special 
bail in such suit if special bail was originally requisite therein. It 
shall then be the duty of the State court to accept said petition and 
bond and proceed no further in said suit. Written notice of said pe¬ 
tition and bond for removal shall be given the adverse party or parties 
prior to filing the same. The said copy being entered within said 
thirty days as aforesaid in said district court of the United States, 
the parties so removing the said cause shall, within thirty days there¬ 
after, plead, answer, or demur to the declaration or complaint in said 
cause, and the cause shall then proceed in the same manner as if it 
had been originally commenced in the said district court. 

Sec. 30 . If in any action commenced in a State court the title suits under grants 
of land be concerned, and the parties are citizens of the same State stated from dlfferent 
and the matter in dispute exceeds the sum or value of three thousand r. s ., s. 647 . 
dollars, exclusive of interest and costs, the sum or value being made l 13 auW, 1888,25stat. 
to appear, one or more of the plaintiffs or defendants, before the supp-. 6 i 3 . s ' ’ 
trial, may state to the court, and make affidavit if the court require 
it, that he or they claim, and shall rely upon, a right or title to the 
land under a grant from a State, and produce the original grant, or 
an exemplification of it, except where the loss of public records shall 
put it out of his or their power, and shall move that any one or more 
of the adverse party inform the court whether he or they claim a 
right or title to the land under a grant from some other State, the 
party or parties so required shall give such information, or otherwise 
not be allowed to plead such grant or give it in evidence upon the 
trial. If he or they inform the court that he or they do claim 
under such grant, any one or more of the party moving for such 
information may then, on petition and bond, as hereinbefore men¬ 
tioned in this chapter, remove the cause for trial to the district court 
of the United States next to be holden in such district; and any one 
of either party removing the cause shall not be allowed to plead or 
give evidence of any other title than that by him or them stated as 
aforesaid as the ground of his or their claim. 



16 


THE JUDICIARY.— Ch. 3. 


Removal of causes 
against persons de¬ 
nied any civil right, 
etc. 


R. S., s. 641. 


Virginia v. Paul, 148 
U. S., 107; Tennessee 
v. Union & P. Bank, 
152 U. £»., 454; Chap¬ 
pell Fertilizer Co., 172 
U. S.,475; Stevenson v. 
Fain, 195 U. S., 168; 
California v. Chue 
Fan, 42 Fed. Rep., 
865; Murray v. Louisi¬ 
ana, 163 U.S., 101; Gib¬ 
son v. Mississippi, 162 
U.S.,565; Bushti. Ken¬ 
tucky, 107 U. S., 110; 
Cole v. Garland, 107 
Fed. Rep., 759; Ham r. 
Kdgell, 106 Fed. Rep., 
820, 


When petitioner is 
in actual custody of 
State court. 


R. S., s. 642. 


Virginia v. Paul, 148 
U. S., 107. 


Sec. 31. When any civil suit or criminal prosecution is com¬ 
menced in any State court, for any cause whatsoever, against any 
person who is denied or can not enforce in the judicial tribunals of 
the State, or in the part of the State where such suit or prosecution 
is pending, any right secured to him by any law providing for the 
equal civil rights of citizens of the United States, or of all persons 
within the jurisdiction of the United States, or against any officer, 
civil or military, or other person, for any arrest or imprisonment or 
other trespasses or wrongs made or committed by virtue of or under 
color of authority derived from any law providing for equal rights 
as aforesaid, or for refusing to do any act on the ground that it 
would be inconsistent with such law, such suit or prosecution may, 
upon the petition of such defendant, filed in said State court at any 
time before the trial or final hearing of the cause, stating the facts 
and verified by oath, be removed for trial into the next district court 
to be held in the district where it is pending. Upon the filing of 
such petition all further proceedings in the State courts shall cease, 
and shall not be resumed except as hereinafter provided. But all 
bail and other security given in such suit or prosecution shall con¬ 
tinue in like force and effect as if the same had proceeded to final 
judgment and execution in the State court. It shall be the duty of 
the clerk of the State court to furnish such defendant, petitioning 
for a removal, copies of said process against him, and of all plead¬ 
ings, depositions, testimony, and other proceedings in the case. If 
such copies are filed by said petitioner in the district court on the 
first day of its session, the cause shall proceed therein in the same 
manner as if it had been brought there by original process; and if 
the said clerk refuses or neglects to furnish such copies, the petitioner 
may thereupon docket the case in the district court, and the said 
court shall then have jurisdiction therein, and may, upon proof of 
such refusal or neglect of said clerk, and upon reasonable notice to 
the plaintiff, require the plaintiff to file a declaration, petition, or 
complaint in the cause; and, in case of his default, may order a non¬ 
suit and dismiss the case at the costs of the plaintiff, and such dis¬ 
missal shall be a bar to any further suit touching the matter in 
controversy. But if, without such refusal or neglect of said clerk 
to furnish such copies and proof thereof, the petitioner for removal 
fails to file copies in the district court, as herein provided, a certifi¬ 
cate, under the seal of the district court, stating such failure, shall 
be given, and upon the production thereof in said State court the 
cause shall proceed therein as if no petition for removal had been 
filed. 

Sec. 32. When all the acts necessary for the removal of any suit 
or prosecution, as provided in the preceding section, have been per¬ 
formed, and the defendant petitioning for such removal is in actual 
custody on process issued by said State court, it shall be the duty of 
the clerk of said district court to issue a writ of habeas corpus cum 
causa, and of the marshal, by virtue of said writ, to take the body 
of the defendant into his custody, to be dealt with in said district 
court according to law and the orders of said court, or, in vacation, 
of any judge thereof; and the marshal shall file with or deliver to. 
the clerk of said State court a duplicate copy of said writ. 






THE JUDICIARY.— Ch. 3. 


17 


Sec. 33. When any civil suit or criminal prosecution is com¬ 
menced in any court of a State against any officer appointed under 
or acting by authority of any revenue law of the United States now 
or hereafter enacted, or against any person acting under or by 
authority of any such officer, on account of any act done under color 
of his office or of any such law, or on account of any right, title, or 
authority claimed by such officer or other person under any such 
law; or is commenced against any person holding property or estate 
by title derived from any such officer, and affects the validity of any 
such revenue law; or when any suit is commenced against any per¬ 
son for or on account of anything done by him while an officer of 
either House of Congress in the discharge of his official duty, in 
executing any order of such House, the said suit or prosecution may, 
at any time before the trial or final hearing thereof, be removed for 
trial into the district court next to be holden in the district where 
the same is pending, upon the petition of such defendant to said 
district court, and in the following manner: Said petition shall set 
forth the nature of the suit or prosecution and be verified by affidavit, 
and, together with a certificate signed by an attorney or counselor 
at law of some court of record of the State where such suit or prose¬ 
cution is commenced, or of the United States, stating that, as counsel 
for the petitioner, he has examined the proceedings against him and 
carefully inquired into all the matters set forth in the petition, and 
that he believes them to be true, shall be presented to the said dis¬ 
trict court, if in session, or if it be not, to the clerk thereof at his 
office, and shall be filed in said office. The cause shall thereupon be 
entered on the docket of the district court, and shall proceed as a 
cause originally commenced in that court; but all bail and other 
security given upon such suit or prosecution shall continue in like 
force and effect as if the same had proceeded to final judgment and 
execution in the State court. "When the suit is commenced in the 
State court by summons, subpoena, petition, or other process except 
capias, the clerk of the district court shall issue a writ of cer¬ 
tiorari to the State court, requiring it to send to the district court 
the record and proceedings in the cause. When it is commenced by 
capias or by any other similar form or [of] proceeding by which a 
personal arrest is ordered, he shall issue a writ of habeas corpus cum 
causa, a duplicate of which shall be delivered to the clerk of the 
State court, or left at his office, by the marshal of the district or his 
deputy, or by some person duly authorized thereto; and thereupon 
it shall be the duty of the State court to stay all further proceedings 
in the cause, and" the suit or prosecution, upon delivery of such 
process, or leaving the same as aforesaid, shall be held to be removed 
to the district court, and any further proceedings, trial, or judgment 
therein in the State court shall be void. If the defendant in the 
suit or prosecution be in actual custody on mesne process therein, 
it shall be the duty of the marshal, by virtue of the writ of habeas 
corpus cum causa, to take the body of the defendant into his custody, 
to be dealt with in the cause according to law and the order of the 
district court, or, in vacation, of any judge thereof; and if, upon 
the removal of such suit or prosecution, it is made to appear to the 
district court that no copy of the record and proceedings therein in 
the State court can be obtained, the district court may allow and 
require the plaintiff to proceed de novo and to file a declaration of 
his cause of action, and the parties may thereupon proceed as in 
actions originally brought in said district court. On failure of the 
plaintiff so to proceed, judgment of non prosequitur may be rendered 
against him, with costs for the defendant. 


Suits and prosecu¬ 
tions against revenue 
officers, etc. 


R. S., s. 643. 

3 Mar., 1875. 18Stat. 
L., 401, C. 130, s 8; 1 
Supp., 76. 

8 Feb., 1894, 28 Stat. 
L., 36, c. 25; 2 Supp., 
171. 

Tennessee v. Davis, 
100 U. S., 257; Davis v. 
South Carolina, 107 
U. S., 597; Cleveland 
Columbus, etc., R. Co. 
v. McClung, 119 U. S., 
454; Virginia v. Paul, 
148U.S.,107; Delaware 
v. Emerson, 8 Fed. 
Rep., 411; Fischer v. 
Daudistal,9Fed. Rep., 
145; Georgia v. Bolton, 
11 Fed. Rep., 4; State 
v. Kirkpatrick. 42 Fed. 
Rep., 689; State v. Sul¬ 
livan, 50 Fed. Rep., 
593; Carico v.Wilmcre, 
51 Fed. Rep., 200; Gal¬ 
latin v. Sherman, 77 
Fed. Rep., 337; Vir¬ 
ginia v. Bingham, 88 
Fed. Rep., 561; John¬ 
son v. Wells, Fargo & 
Co., 98 Fed. Rep., 3; 
Ward v. Construction 
Co., 99 Fed. Rep., 598; 
Cincinnati Brewing 
Co. v. Bittman, 102 
Fed. Rep., 16. 



18 


THE JUDICIARY.— Ch. 3. 


Removal of suits by 
aliens. 


R. S., s. 644. 


When copies of rec¬ 
ords are refused by 
clerk of State court. 

R. S.,s. 645. 


Sec. 34. Whenever a personal action has been or shall be brought 
in any State court by an alien against any citizen of a State who is, or 
at the time the alleged action accrued was, a civil officer of the United 
States, being a non-resident of that State wherein jurisdiction is ob¬ 
tained by the State court, by personal service of process, such action 
may be removed into the district court of the United States in and for 
the district in which the defendant shall have been served with the 
process, in the same manner as now provided for the removal of an 
action brought in a State court by the provisions of the preceding 
section. 

Sec. 35. In any case where a party is entitled to copies of the 
records and proceedings in any suit or prosecution in a State court, 
to be used in any court of the United States, if the clerk of said State 
court, upon demand, and the payment or tender of the legal fees, re¬ 
fuses or neglects to deliver to him certified copies of such records and 
proceedings, the court of the United States in which such records and 
proceedings are needed may, on proof by affidavit that the clerk of 
said State court has refused or neglected to deliver copies thereof, on 
demand as aforesaid, direct such record to be supplied by affidavit or 
otherwise, as the circumstances of the case may require and allow; 
and thereupon such proceeding, trial, and judgment may be had in 
the said court of the United States, and all such processes awarded, as 
if certified copies of such records and proceedings had been regularly 
before the said court. 

Sec. 36. When any suit shall be removed from a State court to a 
district court of the United States, any attachment or sequestration 
r. s.. s. 646 . of the goods or estate of the defendant had in such suit in the State 
l 3 «i r 'c 18 i 37 1 s. S if i c °urt shall hold the goods or estate so attached or sequestered to 

su’pp.,83. __answer the final judgment or decree in the same manner as by law they 

ex parte Fisk, 113 would have been held to answer final judgment or decree had it been 
schwed, 2 !FeibRep 1 ’! rendered by the court in which said suit was commenced. All 
raei infSHtevm- bonds, undertakings, or security given by either party in such suit 
New Orleans& m.c.r.’ prior to its removal shall remain valid and effectual notwithstanding 
said removal; and all injunctions, orders, and other proceedings had 
in such suit prior to its removal shall remain in full force and effect 
until dissolved or modified by the court to which such suit shall be 
removed. 

__ _ Sec. 37. If in any suit commenced in a district court, or removed 

dTsmissed or Te- from a State court to a district court of the United States, it shall 
appear to the satisfaction of the said district court, at any time after 


Previous attach¬ 
ment bonds, orders, 
etc., remain valid. 


Co. v. New Orleans, 14 
Fed. Rep., 373. 


Suits improperly in 
district court may be 


l 3 472 r 'c 18 i 37 18 s S 5 ^i sll ch su it has been 1 brought or removed thereto, that such suit does not 
supp., 83.' ’ ' really and substantially involve a dispute or controversy properly 

L.! 3 436 ! g c. 1 866 , 2 s. S 6 ri within the jurisdiction of said district court, or that the parties to said 

supp., 6i4. _suit have been improperly or collusively made or joined, either as 

co^> s |?tzgeraid^i6o^u' plaintiffs or defendants, for the purpose of creating a case cognizable 
s., 556; cates v. Alien! or removable under this chapter, the said district court shall proceed 
R 9 c6 S i;’. 4 McLean' & io8 no further therein, but shall dismiss the suit or remand it to the court 
j J ohn’son 2; i 3 J Fed. S Rep 1 ’; from which it was removed, as justice may require, and shall make 
119: Lawton v. Biitch! such order as to costs as shall be just. 

30 Fed. Rep., 641; K. J 

C. & T. R. Co. v. Interstate L. Co., 36 Fed. Rep., 9; South worth v. Reid, 36 Fed. Rep., 451; Grand Trunk 
R. Co. v. Twitchell, 59 Fed. Rep., 727; Thompson v. Chicago, St. P. & IC. C. R. Co., 60 Fed. Rep., 773; 

Wyly v. Richmond & V. R. Co., 63 Fed. Rep., 487; Smith v. Western U. Tel. Co., 79 Fed. Rep., 132; Fox 
v. Southern R. Co., 80 Fed. Rep., 945; Ryder v. Bateman, 93 Fed. Rep., 16; Hartford & C. W. R. Co. v. 

Montague, 94 Fed. Rep., 227; Plant v. Harrison, 101 Fed. Rep., 307; Haraeovic v. Standard Oil Co., 105 
Fed. Rep., 785; Diday v. N. Y. P. & O. R. Co., 107 Fed. Rep., 565; Youtsey v. Hoffman, 108 Fed. Rep., 

699. 

removed dings in suits ^ EC * ^8. The district court of the United States shall, in all suits 
3 Mar 1875 is stat remove d under the provisions of this chapter, proceed therein as if the 
l., 472 *'c. 137 , s. 6* i suit had been originally commenced in said district court, and the same 
supp., 84. proceedings had been taken in such suit in said district court as shall 

have been had therein in said State court prior to its removal. 









THE JUDICIARY.— Oh. 3. 


19 


Sec. 39. In all causes removable under this chapter, if the 
clerk of the State court in which any such cause shall be pending 
shall refuse to any one or more of the parties or persons applying to 
remove the same, a copy of the record therein, after tender of 
legal fees for such copy, said clerk so offending shall, on convic¬ 
tion thereof in the district court of the United States to which 
said action or proceeding was removed, be fined not more than 
one thousand dollars, or imprisoned not more than one year, or 
both. The district court to which any cause shall be removable 
under this chapter shall have power to issue a writ of certiorari 
to said State court commanding said State court to make return of 
the record in any such cause removed as aforesaid, or in which any 
one or more of the plaintiffs or defendants have complied with the pro¬ 
visions of this chapter for the removal of the same, and enforce said 
writ according to law. If it shall be impossible for the parties or 
persons removing any cause under this chapter, or complying with the 
provisions for the removal thereof, to obtain such copy, for the reason 
that the clerk of said State court refuses to furnish a copy, on payment 
of legal fees, or for any other reason, the district court shall make an 
order requiring the prosecutor in any such action or proceeding to 
enforce forfeiture or recover penalty, as aforesaid, to file a copy of the 
paper or proceeding by which the same was commenced, within such 
time as the court may determine; and in default thereof the court 
shall dismiss the said action or proceeding; but if said order shall be 
complied with, then said district court shall require the other party to 
plead, and said action or proceeding shall proceed to final judgment. 
The said district court may make an order requiring the parties 
thereto to plead de novo; and the bond given, conditioned as afore¬ 
said, shall be discharged so far as it requires copy of the record to be 
filed as aforesaid. 


i 


. 


Time for filing rec¬ 
ord; return of record, 
how enforced. 


3 Mar., 1875, 18 Stat. 
L., 472, c. 137, s. 7; 1 
Supp., 84. 


St. P. & C. R. Co. v. 
McLean, 108U. S.,212; 
Nat. S. S. Co. v. Tug- 
man, 106 U. S., 118; 
Kidder v. Featteau, 2 
Fed. Rep., 616; Stout¬ 
en burgh v. Wharton, 
18 Fed. Rep., 1; Miller 
v. Tobin, 18 Fed. Rep., 
609; Wilkinson v. Del¬ 
aware, L. & W. R. Co., 
23 Fed. Rep., 562; Win- 
chell v. Coney, 27 Fed. 
Rep., 482; Newman v. 
Schwerin, 61 Fed. 
Rep., 865; Hatcher v. 
Wadley, 84 Fed. Rep., 
913; Bryar v. Camp¬ 
bell 90 Fed. Rep., 90. 




20 


THE JUDICIARY.— Oh. 4. 


CHAPTER FOUR. 

DISTRICT COURT—MISCELLANEOUS PROVISIONS. 


Sec. 

40. Capital offenses; where triable. 

41. Offenses on the high seas, etc., 

where triable. 

42. Offenses begun in one district and 

completed in another. 

43. Suits for penalties and forfeitures, 

where brought. 

44. Suits for internal-revenue taxes, 

where brought. 

45. Seizures, where cognizable. 

46. Capture of insurrectionary prop¬ 

erty, where cognizable. 

47. Certain seizures cognizable in any 

district into which the property 
is taken. 

48. Jurisdiction in patent cases. 

49. Proceedings to enjoin Comptroller 

of the Currency. 

50. When a part of several defendants 

can not be served. 

51. Civil suits, where to be brought. 

52. Suits in States containing more 

than one district. 

53. Districts containing more than one 

division; where suit to be 
brought; transfer of criminal 
cases. 

54. Suits of a local nature, where to 

be brought. 

55. When property lies in different 

districts in same State. 

56. When property lies in different 

States in same circuit; juris¬ 
diction of receiver. 


Sec. 

57. Absent defendants in suits to en¬ 

force liens, remove clouds on 
titles, etc. 

58. Civil causes may be transferred to 

another division of district by 
agreement. 

59. Upon creation of new district or 

division, where prosecution to be 
instituted or action brought. 

60. Creation of new district, or trans¬ 

fer of territory not to divest 
lien; how lien to be enforced. 

61. Commissioners to administer oaths 

to appraisers. 

62. Transfer of records to district 

court when a Territory becomes 
a State. 

63. District judge shall demand and 

compel delivery of records of 
Territorial court. 

64. Jurisdiction of district courts in 

cases transferred from Terri¬ 
torial courts. 

65. Receivers to manage property ac¬ 

cording to State laws. 

66 . Suits against receiver. 

67. Certain persons not to be appoint¬ 

ed or employed as officers of 
courts. 

68 . Certain persons not to be masters 

or receivers. 


Capital offenses, 
where triable. 


Sec. 40 . The trial of offenses punishable with death shall be had 
in the county where the offense was committed, where that can be 
done without great inconvenience. 

Sec. 41 . The trial of all offenses committed upon the high seas, or 
elsewhere out of the jurisdiction of any particular State or district, 
shall be in the district when the offender is found, or into which he is 


R. S., s. 729. 

Offenses on the high 
seas, etc., where tri¬ 
able. 

R.S.,S. 730. 

4 Sept.. 1890, 26 Stat. first brought. 

L., 424, c. 874, ss. 1, 2, 

1 Supp., 799. Ex parte Bowlman, 4 Cranch, 75; U. S. v. Arwo, 19 Wall., 486; Jones v. U. S., 137 U. S.; 
202; Cook v. U. S., 138 U. S., 157; In re Garnett, 141 U. S., 1; U. S. v. Rodgers, 150 U. S., 249; U. S. v. 
Alberty, Hempst., 444 , 24 Fed. Cas., 765; U. S. v. Baker, 5 Blatch., 6, 24 Fed. Cas., 962; U. S. v. Bird, 1 
Sprague, 299, 24 Fed. Cas., 1148; U. S. v. Mingo, 2 Curtis, 1, 26 Fed. Cas., 1270; U. S. v. Terrel, Hempst., 
413, 28 Fed. Cas., 40; U. S. v. Thompson, 1 Sumn., 168; U. S. v. Beachem, 29 Fed. Rep., 484; U. S. v. 
Beyer, 31 Fed. Rep., 35; Ex parte Byers, 32 Fed. Rep., 404; U. S. v. Dickson, 24 Fed. Rep., 401; U. S. v. 
Wan Lee, 44 Fed. Rep., 707; U. S. v. Peterson, 64 Fed. Rep., 145; U. S. v. Hughes, 70 Fed. Rep., 972. 


on° ff district b a e ndcom- Sec. 42 . When any offense against the United States is begun in 
pieted in another. one judicial district and completed in another, it shall be deemed to 

"r.s.,s.73i. have been committed in either, and may be dealt with, inquired of, 

u. s.T. worraii, 2 f^ed, determined, and punished in either district, in the same manner 
Daii., 384; in re Paiii- as if it had been actually and wholly committed therein. 

ser, 136 U. S., 257; Put- *' J 

nam v. U. S., 140 U. S., 118; In re Buell, 3 Dill., 116, 4 Fed. Cas., 587; U. S. v. Bickford, 4 Blatch., 337, 

24 Fed. Cas., 1144; U. S. v. Commercial, 25 Fed. Rep., 902; U. S. v. Fowkes, 53 Fed. Rep., 13; Davis v. 

U. 8., 104 Fed. Rep., 136. 


forfeitures°vhere Sec. 43 . All pecuniary penalties and forfeitures may be sued for 

brought. and recovered either in the district where they accrue or in the district 

r. s.,s. 732 . where the offender is found. 


Pentlarge v. Kirbv, 19 Fed. Rep., 501; U. S. v. Craig, 28 Fed. Rep., 796; Hat-Sweat Mfg. Co. v. Davis 
S. M. Co., 31 Fed. Rep., 294. 

revenue taxes? wh&re Sec. 44. Taxe S accruing under any law providing internal rev- 

brought. nue may be sued for and recovered either in the district where the 

r. s.,s. 733 . liability for such tax occurs or in the district where the delinquent 

U. S. v. New York, res ideS. 

N. H. & H. R. R. Co., 10 Ben., 144, 27 Fed. Cas., 139. 










THE JUDICIARY.-Ch. 4. 


21 


Sec. 45. Proceedings on seizures made on the high seas, for for- ui fabie res ’ where cog 
feiture under any law of the United States, may be prosecuted in any 
district into which the property so seized is brought and proceedings R - s - 8 - 734 ~ 
instituted. Proceedings on such seizures made within any district Keene v. u. sTs 
shall be prosecuted in the district where the seizure is made, except in S^nch 304'; The 

• , • ,, -it ’ ^ Richmond v. U. S., 9 

cases where it is otherwise provided. craneh, 102 ; The Ma- 

, rine, 9 Wheat., 402; 

The Reindeer, 2 Wall., 383; The Abby, 1 Mason, 360, 1 Fed. Cas., 26; The Bolina, 1 Gall., 75 3 Fed. 
Cas., 814: The Joshua Leviness, 9 Ben., 339,13 Fed. Cas., 1155; The Brig Little Ann, 1 Paine 40 15 Fed! 
Cas., 622; The Washington, 4 Blatch., 101, 29 Fed. Cas., 336. 


Sec. 46. Proceedings for the condemnation of any property cap- Rapture of^insur- 
tured, whether on the high seas or elsewhere out of the limits of any where cognizabFe^ 
judicial district, or within any district, on account of its being pur- JUsT,Y 735 ! 
chased or acquired, sold or given, with intent to use or employ the union ins Co v 
same, or to suffer it to be used or employed, in aiding, abetting, or u. s„ 6 wail.! 759.' 
promoting any insurrection against the Government of the United 
States, or knowingly so used or employed by the owner thereof, or 
with his consent, may be prosecuted in any district where the same 
may be seized, or into which it may be taken and proceedings first 
instituted. 

Sec. 47 . Proceedings on seizures for forfeiture of any vessel or certain seizures cog- 

1 n 1 i*ii i i iiii-n- nizable in any district 

cargo entering any port ox entry which has been closed by the 1 resi- into which the prop- 
dent in pursuance of law, or of goods and chattels coming from a erty 18 teken - 
State or section declared by proclamation of the President to be in RS -’ s - 664 - 
insurrection into other parts of the United States, or of any vessel or 
vehicle conveying such property, or conveying persons to or from such 
State or section, or of any vessel belonging, in whole or in part, to 
any inhabitant of such State or section, may be prosecuted in any 
district into which the property so seized may be taken and proceed¬ 
ings instituted; and the district court thereof shall have as full 
jurisdiction over such proceedings as if the seizure was made in that 
district. 


Sec. 48. In suits brought for the infringement of letters patent 
the district courts of the United States shall have jurisdiction, in law 
or in equity, in the district of which the defendant is an inhabitant, 
or in any district in which the defendant, whether a person, partner¬ 
ship, or corporation, shall have committed acts of infringement and 
have a regular and established place of business. If such suit is 
brought in a district of which the defendant is not an inhabitant, but 
in which such defendant has a regular and established place of 
business, service of process, summons, or subpoena upon the defendant 
may be made by service upon the agent or agents engaged in conduct¬ 
ing such business in the district in which suit is brought. 

Sec. 49 . All proceedings by any national banking association to 
enjoin the Comptroller of the Currency, under the provisions of any 
law relating to national banking associations, shall be had in the dis¬ 
trict where such association is located. 


Patents; jurisdic¬ 
tion in district in 
which defendant re¬ 
sides; if partnership 
or corporation, in dis¬ 
trict of place of busi¬ 
ness: service of proc¬ 
ess. 


3 Mar., 1897, 29 Stat. 
L., 695, c. 395; 2Supp., 
615. 


Proceedings to en¬ 
join Comptroller of 
the Currency. 


R. S., s. 736. 


Sec. 50. When there are several defendants in any suit at law or when a part of sev- 

, # i n . i •. i *1*1*11/* eral dBiGnuunts cs.n 

in equity, and one or more of them are neither inhabitants of nor not be served, 
found within the district in which the suit is brought, and do not r.s., 8 . 737 . 
voluntarily appear, the court may entertain jurisdiction, and proceed E i meudorf v . Tay- 
to the trial and adjudication of the suit between the parties who are lor, 10 wheat.', i 67 ; 

J A Shields v. Barrow, 17 

How., 130; Coiron v. Millaudon, 19 How., 113; Clearwater v. Meredith, 21 How., 489; Barney v. Balti¬ 
more, 6 Wall., 285: Jones v. Andrews, 10 Wall., 327; Horn v. Loskhart, 17 Wall., 570; Robertson v. Carson, 
19 Wall.,104; Williams^.Bankhead, 19Wall.,563: kendigt’.Dean,97U.S.,423; McBurneyu.Carson,99U. 
S.,567; Goodman v. Niblack, 102 U. S.,556; Swan Co. v. Frank, 148 U. S.,603; Greely v. Lowe, 155 U. S.,58; 
Dick v. Foraker, 155 U. S., 404; Bargh v. Page, 4 McLean, 10,2 Fed. Cas., 784; Doreinas v. Bennet, 4 McLean, 
224,7 Fed Cas., 916: McClosky v. Cobb, 2 Bond, 16,15Fed. Cas., 1278; Taylor v. Cook, 2 McLean, 516,23Fed. 
Cas., 762; U. S. u. Backus, 6 McLean, 443,24 Fed. Cas., 932; Young v. Cushing,4 Biss., 456,30 Fed. Cas., 844; 
Dormitzer v. Illinois Bridge Co., 6 Fed. Rep., 217; Taylor v. Holmes, 14 Fed. Rep., 514; Morgan v. Ry. Co., 
15 Fed. Rep., 55; Beach v. Mosgrove, 16 Fed. Rep., 307: Bell v. Donohue, 17 Fed. Rep., 710; Hazard v. 
Durant, 19 Fed. Rep., 471; Goldsmith v. Gilliland, 24 Fed. Rep., 157; Fromentv. Duclos,30 Fed. Rep.,385; 
Patchin v. Hunter, 38 Fed. Rep., 51; Gregory v. Swift, 39 Fed. Rep., 708; Ames v. Chicago, etc., R. R. Co., 
39 Fed. Rep.,881; Duchess d’Auxy v. Porter, 41 Fed. Rep., 68; Wall v. Thomas, 41 Fed. Rep., 620: Det- 
weiler v. Holderbaum,42 Fed. Rep., 337; Martin v. Meyer,45 Fed. Rep.,435; Gross v .George W. Scott M. 
Co., 48 Fed. Rep., 35; Collins M. Co. v. Ferguson, 54 Fed. Rep., 721; Hickling v. Marco, 56 Fed. Rep., 549; 
Allnut v. Lancaster, 76 Fed. Rep., 131. 










22 


THE JUDICIARY.— Oh. 4. 


properly before it; but the judgment or decree rendered therein 
shall not conclude or prejudice other parties not regularly served 
with process nor voluntarily appearing to answer; and non-joinder of 
parties who are not inhabitants of nor found within the district, as 
aforesaid, shall not constitute matter of abatement or objection to the 
suit. 

bebrougbt : wheret0 Sec. 51. Except as provided in the five succeeding sections, no 

r s s 739 - person shall be arrested in one district for trial in another, in any 

13 Aug.,i888,25stat. civil action before a district court; and, except as provided in the six 
l., 434 , c. 866, i supp., succeec ii n g sec tions, no civil suit shall be brought in any district court 
against any person by any original process or proceeding in any other 
district than that whereof he is an inhabitant; but where the juris¬ 
diction is founded only on the fact that the action is between citizens 
of different States, suit shall be brought only in the district of the 
residence of either the plaintiff or the defendant, 
suits in states con- Sec. 52. When a State contains more than one district, every suit 
Strict morethanone not of a local nature, in the district court thereof, against a single 
'TT s C s 7 4 o— defendant, inhabitant of such State, must be brought in the district 

— ’’Y —-where he resides; but if there are two or more defendants, residing in 

u. G s e , el 58 ; T Locomotive different districts of the State, it may be brought in either district, 
co Uc io Biatch E 292 ,15 iin d a duplicate writ may be issued against the defendants, directed to 
Fed. cas 763; sack- the marshal of any other district in which any defendant resides. 
Barixi Bond.f 154 , li The clerk issuing the duplicate writ shall endorse thereon that it is 
bach°“'Hoiiowen ? U 5 a true co py °f a writ sued out of the court of the proper district; and 
nm., winter' *v' Lud’ suc ^ original and duplicate writs, when executed and returned into the 
[ow’3 W phiia.r464, U 30 office from which they issue, shall constitute and be proceeded on as 
Nat.BankvmkrrisoS one suit; and upon any judgment or decree rendered therein, execution 
8 Fed. Rep.. 721 ; East ma y be issued, directed to the marshal of any district in the same State. 

Tennessee, etc., Co. v. J 1 J ... 

Atlanta & F. R. Co., 49 

Fed. Rep.,608; Goddards. Miller, 80 Fed. Rep., 422; New Jersey S. &I. Co.u Chorman, 105 Fed. Rep., 532. 

more^thkn^onfdivf- Sec. 53. When a district contains more than one division, every 
brou hp e transfer* of no ^ a ^ oca ^ na ture against a single defendant must be brought 
crimfnai cases. 8 er ° in the division where he resides; but if there are two or more defend¬ 
ants residing in different divisions of the district it may be brought 
in either division. All mesne and final process subject to the provi¬ 
sions of this section may be served and executed in any or all of the 
divisions of the district, or if the State contains more than one dis¬ 
trict, then in any of such districts, as provided in the preceding sec¬ 
tion. All prosecutions for crimes or offenses shall be had within the 
division of such districts where the same were committed, unless the 
court, or the judge thereof, upon the application of the defendant, 
shall order the cause to be transferred for prosecution to another 
division of the district. When a transfer is ordered by the court or 
judge, all the papers in the case, or certified copies thereof, shall be 
transmitted by the clerk, under the seal of the court, to the division to 
which the cause is so ordered transferred; and thereupon the cause 
shall be proceeded with in said division in the same manner as if the 
offense had been committed therein. In all cases of the removal of 
suits from the courts of a State to the district court of the United 
States such removal shall be to the United States district court in the 
division in which the county is situated from which the removal is 
made; and the time within which the removal shall be perfected, in 
so far as it refers to or is regulated by the terms of United States 
courts, shall be deemed to refer to the terms of the United States 
district court in such division. 

tufe- its where 0( to Te Sec. su ^ s a l° ca l nature, where the defendant resides 

brought! ere ° e in a different district, in the same State, from that in which the suit 
is brought, the plaintiff may have original and final process against 
him, directed to the marshal of the district in which he resides. 


R. 8., s. 741. 





THE JUDICIARY.— Ch. 4. 


23 


Sec. 55. Any suit, of a local nature, at law or in equity, where ln ¥ J^,St P dSriSS 
the land or other subject-matter of a fixed character lies partly in one in same state. 1S nc s 
district and partly in another, within the same State, may be brought r. s., s. 742. 
in the district court of either district; and the court in which it is 
brought shall have jurisdiction to hear and decide it, and to cause 
mesne or final process to be issued and executed, as fully as if the said 
subject-matter were wholly within the district for which such court is 
constituted. 

Sec. 56. Where in any suit in which a receiver shall be appointed . where property lies 
the land or other property of a fixed character, the subject of the same circuit; jurisdic- 
suit, lies within different States in the same judicial circuit, the Uon of recelver 
receiver so appointed shall, upon giving bond as required by the ^. ri R er c 0 L ; 69 T Fed! 
court, immediately be vested with full jurisdiction and control g e P- 87 b Kiuei^R - . 
over all the property, the subject of the suit, lying or being within 855.°" ' 8 * e ‘ Rep " 
such circuit; subject, however, to the disapproval of such order, within 
thirty days thereafter, by the circuit court of appeals for such circuit, 
or by a circuit judge thereof, after reasonable notice to adverse parties 
and an opportunity to be heard upon the motion for such disapproval; 
and subject, also, to the filing and entering in the district court for 
each district of the circuit in which any portion of the property may 
lie or be, within ten days thereafter, of a duly certified copy of the 
bill and of the order of appointment. The disapproval of such ap¬ 
pointment within such thirty days, or the failure to file such certified 
copy of the bill and order of appointment within ten days, as herein 
required, shall divest such receiver of jurisdiction over all such prop¬ 
erty except that portion thereof lying or being within the State in 
which the suit is brought. In any case coming within the provisions 
of this section, in which a receiver shall be appointed, process may 
issue and be executed within any district of the circuit in the same 
manner and to the same extent as if the property were wholly within 
the same district; but orders affecting such property shall be entered 
of record in each district in which the property affected may lie or be. 

Sec. 57. When in any suit commenced in any district court of the . n A bsent defendants 
United States to enforce any legal or equitable lien upon or claim to. ifens U remove e ciouds 

or to remove any incumbrance or lien or cloud upon the title to real or o n titles ’ etc - _ 

personal property within the district where such suit is brought, one f isstat 

or more of the defendants therein shall not be an inhabitant of or l., 472 , c. 137 ’, s. 8; a i 

found within the said district, or shall not voluntarily appear thereto, Sup i> " _ 

it shall be lawful for the court to make an order directing such absent i a ck,° d io 2 ai u. ^ 
defendant or defendants to appear, plead, answer, or demur by a day insho.^r. BangUios 
certain to be designated, which order shall be served on such absent Moline iron Works, 
defendant or defendants, if practicable, wherever found, and also ^Lowe,’iM 2: u Gr s. el M; 
upon the person or persons in possession or charge of said property, bick ■»>.’ Foraker," 155 

r , L 1 i • 0 i Z U. S., 404; California v. 

if any there be; or where such personal service upon such absent southern p a c. r. co„ 
defendant or defendants is not practicable, such order shall be pub- i 57 H oiiSUS; 
lished in such manner as the court may direct, not less than once a ^n g i^ lat ch Ud 237 n8 4 
week for six consecutive weeks. In case such absent defendant shall Fed', cas.? 124 ’;’ Brpn- 
not appear, plead, answer, or demur within the time so limited, or 49 ", i 4 K Fe°d; u cas.? 220 ; 
within some further time, to be allowed by the court, in its discretion, KUgourj^ gew^orj 
and upon proof of the service or publication of said order and of the woods, 144 ; 14 Fed. 
performance of the directions contained in the same, it shall be lawful ca'V. ^Missouri'p. r! 
for the court to entertain jurisdiction, and proceed to the hearing g^lJT ed 'Th P *Ran ; 
and adjudication of such suit in the same manner as if such absent roads, 4 Fed. Rep.,*97; 
defendant had been served with process within the said district; but Kenna dg s e Fed. r^ 
said adjudication shall, as regards said absent defendant or defend- *iMh°cJui 

ants without appearance, affect only the property which shall have teiio v. casteiio, h 

11 ’ J Fed. Rep., 207; Beach 

v. Mosgrove, 16 Fed. Rep.. 306; Sleppy v. Bank of Commerce, 17 Fed. Rep., 712; Burke v. Amison, 32 
Fed. Rep., 713; American F. L. M. Co. v. Benson, 33 Fed. Rep.. 466; Carpenter v. Talbot, 33 Fed. Rep., 
537; Horsford v. Gudger, 35 Fed. Rep., 392; Ellis v. Reynolds, 35 Fed. Rep., 394; Jewett v. Bradford S. 
Co., 45 Fed. Rep., 801; East Tennessee, etc., R. Co. v. Atlanta & F. R. Co., 49 Fed. Rep., 608; Morris-v. 
Graham, 51 Fed. Rep., 53; Single v. Scott P. M. Co., 55 Fed. Rep., 553; Evans v. Charles Scribner’s Sons, 
58 Fed. Rep., 303; U. S. v. American Lumber Co., 80 Fed. Rep., 309; Grove v. Grove, 93 Fed. Rep., 865; 
Eldred v. American P. C. Co., 105 Fed. Rep., 457; Woods v. Woodson, 100 Fed. Rep., 515; Seybert v. 
Shamokin R. Co., 110 Fed. Rep., 810. 

64100—12-3 





24 


THE JUDICIARY.— Ch. 4. 


Civil causes may be 
transferred to another 
division of district by 
agreement. 


28 Feb., 1887,24 Stat. 
L., 425, e. 271, s. 4; 1 


Supp., 544. 

2 June, 1906, 34 Stat. 
L„ 206, C. 2569, s. 1. 


Upon creation of 
new district or divi¬ 
sion, etc., where pros¬ 
ecution to be institu¬ 
ted or aci ion brought. 


Creation of new dis¬ 
trict or transfer of 
territory not to divest 
lien; how lien to be 
enforced. 


6 Aug., 1886, 24 Stat. 
L..308,c. 928; 1 Supp., 
513. 

2 Mar., 1901,31 Stat. 
L,., 880, c. 801; 2 Supp., 
501. 


been the subject of the suit and under the jurisdiction of the court 
therein, within such district; and when a part of the said real or 
personal property against which such proceedings shall be taken shall 
be within another district, but within the same State, such suit may 
be brought in either district in said State: Provided , however , That 
any defendant or defendants not actually personally notified as above 
provided majf, at any time within one year after final judgment in 
any suit mentioned in this section, enter his appearance in said suit in 
said district court, and thereupon the said court shall make an order 
setting aside the judgment therein and permitting said defendant or 
defendants to plead therein on payment by him or them of such costs 
as the court shall deem just; and thereupon said suit shall be pro¬ 
ceeded with to final judgment according to law. 

Sec. 58. Any civil cause, at law or in equity, may, on written 
stipulation of the parties or of their attorneys of record signed and 
filed with the papers in the case, in vacation or in term, and on the 
written order of the judge signed and filed in the case in vacation or 
on the order of the court duly entered of record in term, be trans¬ 
ferred to the court of any other division of the same district, without 
regard to the residence of the defendants, for trial. When a cause 
shall be ordered to be transferred to a court in any other division, it 
shall be the duty of the clerk of the court from which the transfer is 
made to carefully transmit to the clerk of the court to which the 
transfer is made the entire file of papers in the cause and all docu¬ 
ments and deposits in his court pertaining thereto, together with a 
certified transcript of the records of all orders, interlocutory decrees, 
or other entries in the cause; and he shall certify, under the seal of 
the court, that the papers sent are all which are on file in said court 
belonging to the cause; for the performance of which duties said 
clerk so transmitting and certifying shall receive the same fees as are 
now allowed by law for similar services, to be taxed in the bill of 
costs, and regularly collected with the other costs in the cause; and 
such transcript, when so certified and received, shall [t] henceforth 
constitute a part of the record of the cause in the court to which the 
transfer shall be made. The clerk receiving such transcript and 
original papers shall file the same and the case shall then proceed to 
final disposition as other cases of a like nature. 

Sec. 59. Whenever any new district or division has been or shall 
be established, or any county or territory has been or shall be trans¬ 
ferred from one district or division to another district or division, 
prosecutions for crimes and offenses committed within such district, 
division, county, or territory prior to such transfer, shall be com¬ 
menced and proceeded with the same as if such new district or divi¬ 
sion had not been created, or such county or territory had not been 
transferred, unless the court, upon the application of the defendant, 
shall order the cause to be removed to the new district or division for 
trial. Civil actions pending at the time of the creation of any such 
district or division, or the transfer of any such county or territory, 
and arising within the district or division so created or the county or 
territory so transferred, shall be tried in the district or division as it 
existed at the time of the institution of the action, or in the district 
or division so created, or to which the county or territory is or shall 
be so transferred, as may be agreed upon by the parties, or as the 
court shall direct. The transfer of such prosecutions and actions 
shall be made in the manner provided in the section last preceding. 

Sec. 60. The creation of a new district or division or the transfer 
of any county or territory from one district or division to another 
district or division, shall not affect or divest any lien theretofore 
acquired in the circuit or district court by virtue of a decree, judg¬ 
ment, execution, attachment, seizure, or otherwise, upon property 
situated or being within the district or division so created, or the 
county or territory so transferred. To enforce any such lien, the 




THE JUDICIARY.— Ch. 4. 


25 


clerk of the court in which the same is acquired, upon the request and 
at the cost of the party desiring the same, shall make a true and certi¬ 
fied copy of the record thereof, which, when so made and certified, 
and filed in the proper court of the district or division in which such 
property is situated or shall be, after such transfer, shall constitute 
the record of such lien in such court, and shall be evidence in all 
courts and places equally with the original thereof; and thereafter 
like proceedings shall be had thereon, and with the same effect, as 
though the cause or proceeding had been originally instituted in such 
court. The provisions of this section shall apply not only in all cases 
where a district or division is created, or a county or any territory is 
transferred by this or any future act, but also in all cases where a 
district or division has been created, or a county or any territory has 
been transferred by any law heretofore enacted. 

Sec. 61. Any district judge may appoint commissioners, before 
whom appraisers of vessels or goods and merchandise seized for appraisers, 
breaches of any law of the United States, may be sworn; and such r.s., sTsvor 
oaths, so taken, shall be as effectual as if taken before the judge in 
open court. 

Sec. 62. When any Territory is admitted as a State, and a dis- t o^XfcTcourt e when 
trict court is established therein, all the records of the proceedings a Territory becomes a 

in the several cases pending in the highest court of said Territory state '_ 

at the time of such admission, and all records of the proceedings in R - s - s - 567 ~ 
the several cases in which judgments or decrees had been rendered Hunt v. Paiao, 4 
in said Territorial court before that time, and from which writs of porTei-, 5 9 9; How“ e 235; 
error could have been sued out or appeals could have been taken, or How yt 57 i -McNuit’ v 
from which writs of error had been sued out or appeals had been Batty, 10 How!, y 72; 
taken and prosecuted to the Supreme Court or to the circuit court of How° n si ; B carter ’ v° 
appeals, shall be transferred to and deposited in the district court for Lownsdaie^Parrteh 1 
the said State. 21 How.,290; Freeborn 

v. Smith, 2 Wall., 160; 

U. S. v. Hart, 6 Wall., 770; Express Co. v. Kountze, S Wall., 350; Baker v. Morton, 12 Wall., 153. 

Sec. 63. It shall be the duty of the district judge, in the case pro- de mand Ct alid g compei 
vided in the preceding section, to demand of the clerk, or other delivery of records of 

person having possession or custody of the records therein mentioned, TerntoriaI court -_ 

the delivery thereof, to be deposited in said district court; and in R -S.,s.568. 

case of the refusal of such clerk or person to comply with such 

demand, the said district judge shall compel the delivery of such 

records by attachment or otherwise, according to law. jurisdiction of dis 

Sec. 64. When any Territory is admitted as a State, and a dis- trict ri coiirts OI in° cases 
trict court is established therein, the said district court shall take riforiai”ourte° m Ter ’ 
cognizance of all cases which were pending and undetermined in the R . s „ s . ses. 
trial courts of such Territory, from the judgments or decrees to be Ames v. Railroad, 4 
rendered in which writs of error could have been sued out or appeals Gaffney^Giiiette; 
taken to the Supreme Court or to the circuit court of appeals, and 4Dm.,264,9Fed.cas.,’ 
shall proceed to hear and determine the same. 45 Fed. Rep., 390 . 

Sec. 65. Whenever in any cause pending in any court of the ag^properVacwrd- 
United States there shall be a receiver or manager in possession of mg to state laws, 
any property, such receiver or manager shall manage and operate L i3 4 Aug^,i888,25stat. 
such property according to the requirements of the valid laws of the su P p 3 f 613. 8b6, s ' 2:1 
State in which such property shall be situated, in the same manner MC Nuita Loch- 
that the owner or possessor thereof would be bound to do if in pos- ruige, hi^u. s.^327; 
session thereof. Any receiver or manager who shall willfully violate Johnson, 151 u y s.,°i8i; 
any provision of this section shall be fined not more than three thou- s^ r ^ ; Ty centrai 
sand dollars, or imprisoned not more than one year, or both. I ru & t° '^y St 'co° U 4c 

Fed. Rep., 426; Jones v. The St. Nicholas, 49 Fed. Rep., 671; Eddy v. Lafayette, 49 Fed. Rep., 807;’ Re 
Frederich, 51 Fed. Rep., 749; Cont. Trust Co. v. Toledo, St. L. & K. C. R. Co., 59 Fed. Rep., 514; Central 
Trust Co. of New York v. East Tennessee, V. & G. Ry. Co,, 59 Fed. Rep., 523. 










26 


THE JUDICIARY.— Chs. 4-5. 


cefven against re ' Sec. 66. Every receiver or manager of any property appointed 
t ' — ;. 00 ... ■ by any court of the United States may be sued in respect of any act 

l., 436, c. 866, s. 3 ; i or transaction ot his in carrying on the business connected with such 

supp- 614 - _ property, without the previous leave of the court in which such 

ridge^uu^'s.!^^ receiver or manager was appointed; but such suit shall be subject 
cof a L*u P s R 593 °Ex g enera l equity jurisdiction of the court in which such manager 

parte Tyie'<\ 149 u. s!j or receiver was appointed so far as the same may be necessary to ihe 

164; Texas P. R. Co. p'nrlc of 
v. Johnson, 151 U. S„ e nClS OI JUSI1CC. 

81; Eddy v. Lafayette, 163 U. 8., 456; Grant v. Buchner, 172 U. S., 232; Gableman v. Peoria, D. & E. Ry. 

Co., 179 U. S., 335; Central Trust Co. v. St. Louis, A. & T. Ry. Co., 40 Fed. Rep., 426; Jones v. The St. 

Nicholas, 49 Fed. Rep., 671; Ex parte Chamberlain, 55 Fed. Rep., 704; Cent. Trust Co. v. E. T., V. & G. 

Ry. Co., 59 Fed. Rep., 523; Dillingham v. Hawk, 60 Fed. Rep., 494; Cent. Trust Co. v. C. R. & C. R. Co., 

68 Fed. Rep., 685: St. L. & S. W. Ry. Co. v. Holbrook, 73 Fed. Rep., 112; Stateler v. Cal. Nat. Bank, 77 
Fed. Rep., 43; Wheeler v. Smith, 81 Fed. Rep., 319; Case Plow Works v. Finks, 81 Fed. Rep., 529; 

Minot v. Maston, 95 Fed. Rep., 734. 

Certain persons not 
to be appointed or 
employed as officers 
of courts. 


13 Aug., 1888,25 Stat. 
L., 437, c. 866, s. 7; 1 
Supp., 614. 21 Dec., 

1911, 37 Stat. L., —, 
c. —. 


Certain persons not 
to be masters or re¬ 
ceivers. 

3 Mar., 1879, 20 Stat. 
L., 415, c. 183; 1 Supp., 
254. 


Sec. 67. No person shall be appointed to or employed in any 
office or duty in any court who is related by affinity or consanguinity 
within the degree of first cousin to the judge of such court: Pro¬ 
vided , That no such person at present holding a position or employ¬ 
ment in a circuit court shall be debarred from similar appointment 
or employment in the district court succeeding to such circuit court 
jurisdiction. 

Sec. 68. No clerk of a district court of the United States or his 
deputy shall be appointed a receiver or master in any case, except 
where the judge of said court shall determine that special reasons 
exist therefor, to be assigned in the order of appointment. 


CHAPTER FIVE. 


DISTRICT COURTS—DISTRICTS, AND PROVISIONS APPLICABLE 
TO PARTICULAR STATES.. 


Sec. 

69. Judicial districts: 

70. Alabama. 

71. Arkansas. 

72. California. 

73. Colorado. 

74. Connecticut. 

75. Delaware. 

76. Florida. 

1 7 Georgia. 

78. Idaho. 

79. Illinois. 

80. Indiana. 

SI. Iowa. 

82. Kansas. 

S3. Kentucky. 

84 Louisiana. 

85. Maine. 

86 . Maryland. 

87. Massachusetts. 

88 . Michigan. 

89. Minnesota. 

9U. Mississippi. 

91. Missouri. 

92. Montana. 


Sec. 

93. Nebraska. 

94. Nevada. 

95. New Hampshire. 

96. New Jersey. 

97. New York. 

9S. North Carolina. 

99. North Dakota. 

100. Ohio. 

101. Oklahoma. 

102. Oregon. 

103. Pennsylvania. 

104. Rhode Island. 

105. South Carolina. 

106. South Dakota. 

107. Tennessee. 

108. Texas. 

109. Utah. 

110. Vermont. 

111. Virginia. 

112. Washington. 

113. West Virginia. 

114. Wisconsin. 

115. Wyoming. 


Judicial districts. 
R. S., s. 530. 


Sec. 69. The United States are divided into judicial districts as 
follows: 


■ Alab —- Sec. 70. The State of Alabama is divided into three judicial dis- 

R May?i884; 23 stat. tricts, to be known as the northern, middle, and southern districts of 
n, is, c. 38; i supp., Alabama. The northern district shall include the territory embraced 
“9 Feb., 1903 ,32 stat. on the first day of July, nineteen hundred and ten, in the counties of 
L i6 8 Feb C ; 1903 , 32 Stat. Cullman, Jackson, Lawrence, Limestone, Madison, and Morgan, which 
L 3Ma’r C i905 33 stat. sha11 constitute the northeastern division of said district; also the 
l., 987, c. 1419. ^ territory embraced on the date last mentioned in the counties of 
L^clS s. i. ta ' Colbert, Franklin, and Lauderdale, which shall constitute the north- 











THE JUDICIARY.— Ch. 5. 


27 


western division of said district; also the territory embraced on the L 26 9 ^ e c’n 98 ’ 
date last mentioned in the counties of Cherokee, DeKalb, Etowah, 7Ma’r.,’i908,‘ 
Marshall, and Saint Clair, which shall constitute the middle division L 'i 9 Feb.?i 909 , 
of said district; also the territory embraced on the date last mentioned MaV c i 9 6 o 9 
in the counties of Blount, Jefferson, and Shelby, which shall consti- l., 842 ,’2 
tute the southern division of said district; also the territory embraced 
on the date last mentioned in the counties of Walker, Winston, 

Marion, Fayette, and Lamar, which shall constitute the Jasper di¬ 
vision of said district; also the territory embraced on the date last 
mentioned in the counties of Calhoun, Clay, Cleburne, and Talledega, 
which shall constitute the eastern division of said district; also the 
territory embraced on the date last mentioned in the counties of Bibb, 

Greene, Pickens, Sumter, and Tuscaloosa, which shall constitute the 
western division of said district. Terms of the district court for 
the northeastern division shall be held at Huntsville on the first 
Tuesday in April and the second Tuesday in October; for the north¬ 
western division, at Florence on the second Tuesday in February and 
the third Tuesday in October: Provided , That suitable rooms and 
accommodations for holding court at Florence shall be furnished 
free of expense to the Government; for the middle division, at 
Gadsden on the first Tuesdays in February and August: Provided , 

That suitable rooms and accommodations for holding court at 
Gadsden shall be furnished free of expense to the Government; 
for the southern division, at Birmingham on the first Mondays 
in March and September, which courts shall remain in session 
for the transaction of business at least six months in each calendar 
year; for the Jasper division, at Jasper on the second Tuesdays in 
January and June: Provided , That suitable rooms and accommoda¬ 
tions for holding court at Jasper shall be furnished free of expense to 
the Government; for the eastern division, at Anniston on the first 
Mondays in May and November; and for the western division, at 
Tuscaloosa on the first Tuesdaj 7 s in January and June. The clerk of 
the court for the northern district shall maintain an office in charge of 
himself or a deputy at Anniston, at Florence, at Jasper, and at Gads¬ 
den, which shall be kept open at all times for the transaction of the 
business of said court. The district judge for the northern district 
shall reside at Birmingham. The middle district shall include the ter¬ 
ritory embraced on the first day of July, nineteen hundred and ten, in 
the counties of Autauga, Barbour, Bullock, Butler, Chilton, Cham¬ 
bers, Coosa, Covington, Crenshaw’, Elmore, Lee, Lowndes, Macon, 
Montgomery, Pike, Randolph, Russell, and Tallapoosa, which shall 
constitute the northern division of said district; also the territory em¬ 
braced on the date last mentioned in the counties of Coffee, Dale, 

Geneva, Henry, and Houston, which shall constitute the southern 
division of said district. Terms of the district court for the northern 
division shall be held at Montgomery on the first Tuesdays in May 
and December; and for the southern division, at Dothan on the first 
Mondays in June and December. The clerk for the middle district 
shall maintain an office, in charge of himself or a deputy, at Dothan, 
which shall be open at all times for the transaction of the business of 
said division. The southern district shall include the territory em¬ 
braced on the first day of July, nineteen hundred and ten, in the 
counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, 

Monroe, and Washington, which shall constitute the southern division 
of said district; also the territory embraced on the date last mentioned 
in the counties of Dallas, Hale, Marengo, Perry, and Wilcox, which 
shall constitute the northern division of said district. Terms of the 
district court for the southern division shall be held at Mobile on the 
fourth Mondays in May and November; and for the northern division, 
at Selma on the first Mondays in May and November. 


34Stat. 

35 St at. 

35Stat. 

35 Stat. 
. W. 


28 


THE JUDICIARY.— Ch. 5. 


Arkansas. 


R. S., ss. 533, 556. 

31 Jan., 1877,19 Stat. 
L„ 230, c. 41; 1 Supp., 
129. 

1 Apr., 1892, 27 Stat. 
L., 13, c. 81; 2 Supp., 7. 

20 Feb., 1897, 29 Stat. 
L., 590, c. 269; 2 Supp., 
658. 

7 July, 1898, 30 Stat. 
L., 682, c. 571; 2 Supp., 
884. 

2 Mar., 1899, 30 Stat. 
L., 976, c. 350; 2 Supp., 
959. 

16 Jan., 1901,31 Stat. 
L., 733, c. 92; 2 Supp., 
1458. 

18 Mar., 1902,82 Stat. 
L., 72, c. 222. 

3 Feb., 1903, 32 Stat. 
L., 795, c. 400. 

2 June, 1906, 34 Stat. 
L., 206, C. 2569, s. 2. 

23 June, 1910,36 stat. 
L., 603, c. 372. 


Caha v. U. S., 152 U. 
S.,211; Mattoxti.U.S., 

156 U. S., 237; Gulf, 
etc., Rwy. v. Shane, 

157 U. S., 348; Calver 
v. Woodruff Co., 5 
Dill., 392. 


California. 

R. S., ss. 531,572,586” 
5 Aug., 1886, 24 Stat. 
L., 308, c. 928; 1 Supp., 
513. 

25 May, 1896,29 Stat. 
L„ 135, c. 238; 2 Supp., 
474. 

29 May, 1900, 31 Stat. 
L., 219, c. 594; 2 Supp., 
179. 

29 June, 1906,34 Stat. 
L., 631, C. 3626, s. 1. 

2 Mar., 1907, 34 Stat. 
Li., 1253, C. 2575, s. 2. 

22 June, 1910,36 Stat. 
L., 589, c. 328. 


Sec. 71. The State of Arkansas is divided into two districts, to be 
known as the eastern and western districts of Arkansas. The western 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Sevier, Howard, Little 
River, Pike, Hempstead, Miller, Lafayette, Columbia, Nevada, Ouach¬ 
ita, Union, and Calhoun, which shall constitute the Texarkana divi¬ 
sion of said district; also the territory embraced on the date last men¬ 
tioned in the counties of Polk, Scott, Yell, Logan, Sebastian, Franklin, 
Crawford, Washington, Benton, and Johnson, which shall constitute 
the Fort Smith division of said district; also the territory embraced 
on the date last mentioned in the counties of Baxter, Boone, Carroll, 
Madison, Marion, Newton, and Searcy, which shall constitute the Har¬ 
rison division of said district. Terms of the district court for the 
Texarkana division shall be held at Texarkana on the second Mon¬ 
days in May and November; for the Fort Smith division, at Fort 
Smith on the second Mondays in January and June; and for the 
Harrison division, at Harrison on the second Mondays in April and 
October. The eastern district shall include the territory embraced on 
the first day of July, nineteen hundred and ten, in the counties of 
Lee, Phillips, Saint Francis, Cross, Monroe, and Woodruff, which 
shall constitute the eastern division of said district; also the terri¬ 
tory embraced on the date last mentioned in the counties of Inde¬ 
pendence, Cleburne, Stone, Izard, Sharp, and Jackson, which shall 
constitute the northern division of said district; also the territory 
embraced on the date last mentioned in the counties of Crittenden, 
Clay, Craighead, Greene. Mississippi, Poinsett, Fulton, Randolph, 
and Lawrence, which shall constitute the Jonesboro division of said 
district; and also the territory embraced on the date last mentioned 
in the counties of Arkansas, Ashley, Bradley, Chicot, Clark, Cleve¬ 
land, Conway, Dallas, Desha, Drew, Faulkner, Garland, Grant, Hot 
Spring, Jefferson, Lincoln, Lonoke, Montgomery, Perry, Pope, 
Prairie, Pulaski, Saline, Van Buren, and White, which shall con¬ 
stitute the western division of said district. Terms of the district 
court for the eastern division shall be held at Helena on the second 
Monday in March and the first Monday in October; for the northern 
division, at Batesville on the fourth Monday in May and the second 
Monday in December; for the Jonesboro division, at Jonesboro on 
the second Mondays in May and November; and for the western divi¬ 
sion, at Little Rock on the first Monday in April and the third Mon¬ 
day in October. The clerk of the court for the eastern district shall 
maintain an office in charge of himself or a deputy at Little Rock, 
at Helena, at Jonesboro, and at Batesville, which shall be kept open 
at all times for the transaction of the business of the court. And 
the clerk of the court for the western district shall maintain an office 
in charge of himself or a deputy at Fort Smith, at Harrison, and at 
Texarkana, which shall be kept open at all times for the transaction 
of the business of the court. 

Sec. 72. The State of California is divided into two districts, 
to be known as the northern and southern districts of California. 
The southern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Fresno, 
Inyo, Kern, Kings, Madera, Mariposa, Merced, and Tulare, which 
shall constitute the northern division of said district; also the terri¬ 
tory embraced on the date last mentioned in the counties of Imperial, 
Los Angeles, Orange, Riverside, San Bernardino, San Diego, San 
Luis Obispo, Santa Barbara, and Ventura, which shall constitute 
the southern division of said district. Terms of the district court 





THE JUDICIARY.— Ch. 5. 


29 


for the northern division shall be held at Fresno on the first Monday 
in May and the second Monday in November; and for the southern 
division, at Los Angeles on the second Monday in January and the 
second Monday in July, and at San Diego on the second Mondays in 
March and September. The northern district shall include the terri¬ 
tory embraced on the first day of July, nineteen hundred and ten, in 
the counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, 

Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lasen, 

Marin, Mendocino, Modoc, Mono, Monterey, Napa, Nevada, Placer, 

Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San 
Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, 

Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and 
Yuba. Terms of the district court for the northern district shall be 
held at San Francisco on the first Monday in March, the second Mon¬ 
day in July, and the first Monday in November; at Sacramento on 
the second Monday in April; and at Eureka on the third Monday 
in July. 

Sec. 73. The State of Colorado shall constitute one judicial dis¬ 
trict, to be known as the district of Colorado. Terms of the district 26June 1876 19Stat 
court shall be held at Denver on the first Tuesdays in May and No- l., 61,0.147; i supp.,' 
vember; at Pueblo on the first Tuesday in April; and at Montrose on 10 2 o Apr., isso, 21 stat. 
the second Tuesday in September. 28 i . 76 3 Aug.’, 

Stat. L., 214, c. 848; 1 Supp., 510. 16 Feb., 1903,32 Stat. L., 833, c.’ 555 


Colorado. 


Sec. 74. The State of Connecticut shall constitute one judicial Connecticut. 
district, to be known as, the district of Connecticut. Terms of the b, s., ss. mi, 572 . 
district court shall be held at New Haven on the fourth Tuesdays in l., 4i^c e, 49; 1 supp.i 
February and September, and at Hartford on the fourth Tuesday in 27a 
May and the first Tuesday in December. 

Sec. 75. The State of Delaware shall constitute one judicial djs- Delaware. _ 

trict, to be known as the district of Delaware. Terms of the district R. s., as. 531 , 572 . 
court shall be held at Wilmington on the second Tuesdays in March, l* 466 , Q c.’ 286 °’ 36 Stat ‘ 
June, September, and December. 

Sec. 76. The State of Florida is divided into two districts, to be Florida, 
known as the northern and southern districts of Florida. The "r".s.,ss. 534 , 572 , 575 , 
southern district shall include the territory embraced on the first day 59 | Feb 1879 20 stat 
of July, nineteen hundred and ten, in the counties of Baker, Brad- l., 280 , c. 43;’1 su PP .; 
ford, Brevard, Citrus, Clay, Columbia, Dade, De Soto, Duval, Ham- 21 3 o June, 1886,24 stat. 
ilton, Hernando, Hillsboro, Lake, Lee, Madison, Manatee, Marion, |^ 106 ’ c - 581; 1 Supp - 
Monroe, Nassau, Orange, Osceola, Palm Beach, Pasco, Polk, Putnam, 23 July, 1894,28 stat. 
Saint John, Sumter, Suwanee, Saint Lucie, and Yolusia. Terms of 203 . 117 ’ °. 149,2 supp., 
the district court for the southern district shall be held at Ocala on the L 18 i^ a c.’ 482 ? 2 3 supp!', 
third Monday in January; at Tampa on the second Monday in Feb- 1m. 
ruary; at Key West on the first Mondays in May and November; at l.!Ha’ 33Stat ' 
Jacksonville on the first Monday in December; at Fernandina on the L ^ 226 ^c’. 3062 34 l! at ‘ 
first Monday in April; and at Miami on the fourth Monday in 6Feb.,'i908,’35stat. 
April. The district court for the southern district shall be open L " 6 ’ c ' 18 ' 
at all times for the purpose of hearing and deciding causes of 
admiralty and maritime jurisdiction. The northern district shall in¬ 
clude the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Alachua, Calhoun, Escambia, Franklin, 

Gadsden, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, 

Santa Rosa, Taylor, Wakulla, Walton, and Washington. Terms of 
the district court for the northern district shall be held at Tallahassee 
on the second Monday in January; at Pensacola on the first Mondays 
in May and November; at Marianna on the first Monday in April; 
and at Gainesville on the second Mondays in June and December. 






30 


THE JUDICIARY.— Ch. 5. 


Georgia. 


R. S., ss. 535, 572. 

29 Jan., 1880, 21 Stat. 
L., 62, c. 17; 1 Supp., 
276. 

20 June, 1884,23 Stat. 
L., 50, c. 106; 1 Supp., 
439. 

15 Feb., 1889,25 Stat. 
L., 671, c. 168; 1 Supp., 
643. 

23 Feb., 1889,25 Stat. 
L., 690, e. 205; 1 Supp., 
650. 

3 Mar., 1891, 26 Stat. 
L., 1110, c. 566; lSupp., 
954 

27 Aug., 1894,28 Stat. 
L., 504, c. 341; 2 Supp., 
265. 

12 Apr., 1900, 31 Stat. 
L., 73, c. 185; 2 Supp., 
1126. 

28 Feb., 1901, 31 Stat. 
L., 818, c. 621; 2 Supp., 
1492. 

26 Feb., 1902,32 Stat. 
L., 42, c. 33. 

30 June, 1902,32 Stat. 
L., 550, c. 1338. 

7 Apr., 1904, 33 Stat. 
L., 161, c. 940. 

7 Apr., 1904, 33 Stat. 
L., 161, e. 941. 

3 Mar., 1905, 33 Stat. 
L., 999, e. 1431. 

28 June, 1906,34 Stat. 
L., 547, c. 3577. 

5 Aug., 1909, 36 ptat. 
L., 181, c. 11. 


Sec. 77. The State of Georgia is divided into two districts, to 
be known as the northern and southern districts of Georgia. The 
northern district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Cajnpbell, Car- 
roll, Clayton, Cobb, Coweta, Cherokee, DeKalb, Douglass, Dawson, 
Fannin, Fayette, Fulton, Forsyth, Gilmer, Gwinnett, Hall, Henry, 
Lumpkin, Milton, Newton, Pickens, Rockdale, Spalding, Towns, and 
Union, which shall constitute the northern division of said district; 
also the territory embraced on the date last mentioned in the counties 
of Banks, Clarke, Elbert, Franklin, Greene, Habersham, Hart, Jack- 
son, Morgan, Madison, Oglethorpe, Oconee, Rabun, Stephens, Walton, 
and White, which shall constitute the eastern division of said dis¬ 
trict; also the territory embraced on the date last mentioned in the 
counties of Chattahooche, Clay, Early, Harris, Heard, Meriwether, 
Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Talbot, 
Taylor, Terrell, Troup, and Webster, which shall constitute the west¬ 
ern division of said district; also the territory embraced on the date 
last mentioned in the counties of Bartow, Chattooga, Catoosa, Dade, 
Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker, and 
Whitfield, which shall constitute the northwestern division of said 
district. Terms of the district court for northern division of said 
district shall be held at Atlanta on the second Monday in March 
and the first Monday in October; for the eastern division, at Athens 
on the second Monday in April and the first Monday in November; 
for the western division, at Columbus on the first Mondays in May 
and December; and for the northwestern division, at Rome on the 
third Mondays in May and November. The clerk of the court for 
the northern district shall maintain an office in charge of himself or 
a deputy at Athens, at Columbus, and at Rome, which shall be kept 
open at all times for the transaction of the business of the court. 
The southern district shall include the territory embraced on the 
said first day of July, nineteen hundred and ten, in the counties 
of Appling, Bulloch, Bryan, Camden, Chatham, Emanuel, Effing¬ 
ham, Glynn, Jeff Davis, Liberty, Montgomery, McIntosh, Screven, 
Tatnall, Toombs, and Wayne, which shall constitute the eastern 
division of said district; also the territory embraced on the date 
last mentioned in the counties of Baldwin, Bibb, Butts, Crawford, 
Dodge, Dooly, Hancock, Plouston, Jasper, Jones, Laurens, Macon, 
Monroe, Pike, Pulaski, Putnam, Sumter, Telfair, Twiggs, Upson, 
Wilcox, and Wilkinson, which shall constitute the western division; 
also the territory embraced on the date last mentioned in the coun¬ 
ties of Burke, Columbia, Glascock, Jefferson, Jenkins, Johnson. 
Lincoln, McDuffie, Richmond, Taliaferro, Washington, Wilkes, and 
Warren, which shall constitute the northeastern division; also the 
territory embraced on the date last mentioned in the counties of 
Berrien, Brooks, Charlton, Clinch, Coffee, Decatur, Echols, Grady, 
Irwin, Lowndes, Pierce, Thomas, and Ware, which shall consti¬ 
tute the southwestern division; and also the territory embraced 
on the date last mentioned in the counties of Baker, Ben Hill, Cal¬ 
houn, Crisp, Colquitt, Dougherty, Lee, Miller, Mitchell, Tift, Tur¬ 
ner, and Worth, which shall constitute the Albany division. Terms 
of the district court for the western division shall be held at Macon 
on the first Mondays in May and October; for the eastern division, 
at Savannah on the second Tuesdays in February, May, August, and 
November; for the northeastern division, at Augusta on the first 
Monday in April and the third Monday in November; for the south- 



THE JUDICIARY.- Ch. 5. 


31 


western division, at Valdosta on the second Mondays in June and 
December; and for the Albany division, at Albany on the third Mon¬ 
days in June and December. 

Sec. 78. The State of Idaho shall constitute one judicial district, 
to be known as the district of Idaho. It is divided into four divi¬ 
sions, to be known as the northern, central, southern, and eastern 
divisions. The territory embraced on the first day of July, nineteen 
hundred and ten, in the counties of Bonner, Kootenai, and Shoshone, 
shall constitute the northern division of said district; and the terri¬ 
tory embraced on the date last mentioned in the counties of Idaho, 
Latah, and Nez Perce, shall constitute the central division of said 
district; and the territory embraced on the date last mentioned in 
the counties of Ada, Boise, Blaine, Cassia, Twin Falls, Canyon, 
Elmore, Lincoln, Owyhee, and Washington, shall constitute the 
southern division of said district ; and the territory embraced on the 
date last mentioned in the counties of Bannock, Bear Lake, Bingham, 
Custer, Fremont, Lemhi, and Oneida, shall constitute the eastern 
division of said district. Terms of the district court for the northern 
division of said district shall be held at Coeur d’Alene City on the 
fourth Monday in May and the third Monday in November; for 
the central division, at Moscow on the second Monday in May and 
the first Monday in November; for the southern division, at Boise 
City on the second Mondays in February and September; and for 
the eastern division, at Pocatello on the second Mondays in March 
and October. The clerk of the court shall maintain an office in charge 
of himself or a deputy at Coeur d’Alene City, at Moscow, at Boise 
City, and at Pacatello, which shall be open at all times for the trans¬ 
action of the business of the court. 

Sec. 79. The State of Illinois is divided into three districts, to 
be known as the northern, southern, and eastern districts of Illinois. 
The northern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Cook, De¬ 
kalb, Dupage, Grundy, Kane, Kendall, Lake, Lasalle, McHenry, and 
Will, which shall constitute the eastern division ; also the territory 
embraced on the date last mentioned in the counties of Boone, Carroll, 
Jo Daviess, Lee, Ogle, Stephenson, Whiteside, and Winnebago, which 
shall constitute the western division. Terms of the district court for 
the eastern division shall be held at Chicago on the first Mondays in 
February, March, April, May, June, July, September, October, and 
November, and the third Monday in December; and for the western 
division, at Freeport on the third Mondays in April and October. 
The clerk of the court for the northern district shall maintain an 
office in charge of himself or a deputy at Chicago and at Freeport, 
which shall be kept open at all times for the transaction of the business 
of the court. The marshal for the northern district shall maintain an 
office in the division in which he himself does not reside and shall ap¬ 
point at least one deputy who shall reside therein. The southern dis¬ 
trict shall include the territory embraced on the first day of July, nine¬ 
teen hundred and ten, in the counties of Bureau, Fulton, Henderson, 
Henry, Knox, Livingston, McDonough, Marshall, Mercer, Putnam, 
Peoria, Rock Island, Stark, Tazewell, Warren, and Woodford, which 
shall constitute the northern division; also the territory embraced on 
the date last mentioned in the counties of Adams, Bond, Brown, Cal¬ 
houn, Cass, Christian, Dewitt, Greene, Hancock, Jersey, Logan, 
McLean, Macon, Macoupin, Madison, Mason, Menard, Montgomery, 
Morgan, Pike, Sangamon, Schuyler, and Scott, which shall constitute 


Idaho. 


3 July, 1890, 26 Stat. 
L., 217, c. 656, s. 16; 1 
Supp., 767. 

5 July, 1892, 27 Stat. 
L., 72, c. 145; 2 Supp., 
28. 

3 Nov., 1893, 28 Stat. 
L., 5, c. 9; 2Supp., 150. 

1 June, 1898, 30 Stat. 
L„ 423, e. 369; 2 Supp., 
768. 

23 Feb., 1911,36 Stat. 
L„ 927, c. 148. 


Illinois. 


R. S., ss. 536, 572. 

2 Mar., 1887, 24 Stat. 
L., 442, c, 315; 1 Supp., 
552. 

8 Aug., 1888, 25 Stat. 
L„ 387, c. 788; 1 Supp., 
606. 

2 July, 1890, 26 Stat. 
L., 212, c. 651; 1 Supp., 
764. 

31 July, 1894, 28 Stat. 
L., 204, c. 174; 2 Supp., 
212 . 

28 Apr., 1904, 33 Stat 
L„ 550, c. 1805. 

3 Mar., 1905, 33 Stat. 
L., 992, c. 1427. 

8 Feb., 1907, 34 Stat. 
L„ 882, C. 893. 





32 


THE JUDICIARY.— Ch. 5. 


Indiana. 


R. S., 88. 531, 559, 572, 
577, 579, 580, 584, 585, 
625, 743, 815. 

23 June, 1874,18 Stat. 
L., 251, c. 463; lSupp., 
46. 

3 Mar., 1881, 21 Stat. 
L., 511, c. 154; 1 Supp., 
327. 

14 Feb., 1899, 30 Stat. 
L., 836, c. 155; 2 Supp., 
942. 


Iowa. 


R. S., 88. 537,572. 

20 July, 1882, 22 Stat. 
L., 172, c. 312; 1 Supp., 
358. 

19 Apr., 1888, 25 Stat. 
L„ 87, c. 127; 1 Supp., 
584. 

24 Feb., 1891. 26 Stat. 
L.,767, c. 282; lSupp., 
895. 

4 Jan., 1896, 29 Stat. 
L., 2, c. 3; 2 Supp., 
443. 

1 June, 1900, 31 Stat. 
L., 249, c. 601; 2 Supp., 
1184. 

28 Apr., 1904, 33 Stat. 
L., 546, C. 1800. 

21 Apr., 1906,34 Stat. 
L'., 127, c. 1648. 

19 June, 1906,34 Stat. 
L„ 304, c. 3437. 

20 Feb., 1907, 34 Stat. 
L„ 912, c. 1137. 

20 Feb., 1907,34Stat. 
L., 913, c. 1138. 


the southern division. Terms of the district court for the northern 
division shall be held at Peoria on the third Mondays in April and 
October; for the southern division, at Springfield on the first Mon¬ 
days in January and June, and at Quincy on the first Mondays in 
March and September. The clerk of the court for the southern dis¬ 
trict shall maintain an office in charge of himself or a deputy at 
Peoria, at Springfield, and at Quincy, which shall be kept open at 
all times for the transaction of the business of the court. The 
marshal for said southern district shall appoint at least one deputy 
residing in the said northern division, who shall maintain an office 
at Peoria. The eastern district shall include the territory em¬ 
braced on the first day of July, nineteen hundred and ten, in the 
counties of Alexander, Champaign, Clark, Clay, Clinton, Coles, 
Crawford, Cumberland, Douglas, Edgar, Edwards, Effingham, 
Fayette, Ford, Franklin, Gallatin, Hamilton, Hardin, Iroquois, 
Jackson, Jasper, Jefferson, Johnson, Kankakee, Lawrence, Marion, 
Massac, Monroe, Moultrie, Perry, Piatt, Pope, Pulaski, Randolph, 
Richland, Saint Clair, Saline, Shelby, Union, Vermilion, Wabash, 
Washington, Wayne, White, and Williamson. Terms of the district 
court for the eastern district shall be held at Danville on the first 
Mondays in March and September; at Cairo on the first Mondays in 
April and October; and at East Saint Louis on the first Mondays 
in May and November. The clerk of the court for the eastern 
district shall maintain an office in charge of himself or deputy at 
Danville, at Cairo, and at East Saint Louis, which shall be kept 
open at all times for the transaction of the business of the court, and 
shall there keep the records, files, and documents pertaining to the 
court at that place. 

Sec. 80. The State of Indiana shall constitute one judicial district, 
to be known as the district of Indiana. Terms of the district court 
shall be held at Indianapolis on the first Tuesdays in May and Novem¬ 
ber; at New Albany on the first Mondays in January and July; at 
Evansville on the first Mondays in April and October; at Fort 
Wayne on the second Tuesdays in June and December; and at Ham¬ 
mond on the third Tuesdays in April and October. The clerk of 
the court shall appoint four deputy clerks, one of whom shall re¬ 
side and keep his office at New Albany, one at Evansville, one at 
Fort Wayne, and one at Hammond. Each deputy shall keep in his 
office full records of all actions and proceedings of the district court 
held at that place. 

Sec. 81. The State of Iowa is divided into two judicial districts, 
to be known as the northern and southern districts of Iowa. The 
northern district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Allamakee, 
Dubuque, Buchanan, Clayton, Delaware, Fayette, Winneshiek, How¬ 
ard, Chickasaw, Bremer, Blackhawk, Floyd, Mitchell, and Jackson, 
which shall constitute the eastern division of said district; also the 
territory embraced on the date last mentioned in the counties of Jones. 
Cedar, Linn, Johnson, Iowa, Benton, Tama, Grundy, and Hardin, 
which shall constitute the Cedar Rapids division; also the territory 
embraced on the date last mentioned in the counties of Emmet, 
Palo Alto, Pocahontas, Calhoun, Kossuth, Humboldt, Webster, Win¬ 
nebago, Hancock, Wright, Hamilton, Worth, Cerro Gordo, Franklin, 
and Butler, which shall constitute the central division; also the terri¬ 
tory embraced on the date last mentioned in the counties of Dickin¬ 
son, Clay, Buena Vista, Sac, Osceola, O’Brien, Cherokee, Ida, Lyon, 
Sioux, Plymouth, Woodbury, and Monona, which shall constitute 
the western division. Terms of the district court for the eastern 
division shall be held at Dubuque on the fourth Tuesday in April 





THE JUDICIARY.— Ch. 5. 


33 


and the first Tuesday in December, and at Waterloo on the second 
Tuesdays in May and September; for the Cedar Rapids division, 
at Cedar Rapids on the first Tuesday in April and the fourth Tues¬ 
day in September; for the central division, at Fort Dodge on the 
second Tuesdays in June and November; and for the western division, 
at Sioux City on the fourth Tuesday in May and the third Tuesday 
in October. The southern district shall include the territory embraced 
on the first day of July, nineteen hundred and ten, in the counties 
of Louisa, Henry, Des Moines, Lee, and Van Buren, which shall 
constitute the eastern division of said district; also the territory 
embraced on the date last mentioned in the counties of Marshall, 
Story, Boone, Greene, Guthrie, Dallas, Polk, Jasper, Poweshiek. 
Marion, Warren, and Madison, which shall constitute the central divi¬ 
sion of said district; also the territory embraced on the date last men¬ 
tioned in the counties of Carroll, Crawford, Harrison, Shelby, Audu¬ 
bon, Cass, Pottawattamie, Mills, and Montgomery, which shall con¬ 
stitute the western division of said district; also the territory em¬ 
braced on the date last mentioned in the counties of Adair, Adams, 
Clarke, Decatur, Fremont, Lucas, Page, Ringgold, Taylor, Union, and 
Wayne, which shall constitute the southern division of said district; 
also the territory embraced on the date last mentioned in the counties 
of Scott, Muscatine, Washington, and Clinton, which shall constitute 
the Davenport division of said district; also the territory embraced on 
the date last mentioned in the counties of Davis, Appanoose, Mahaska, 
Keokuk, Jefferson, Monroe, and Wapello, which shall constitute 
the Ottumwa division of said district. Terms of the district court 
for the eastern division shall be held at Keokuk on the second Tuesday 
in April and the third Tuesday in October; for the central division, 
at Des Moines on the second Tuesday in May and the third Tuesday 
in November; for the western division, at Council Bluffs on the 
second Tuesday in March and the third Tuesday in September; for 
the southern division, at Creston on the fourth Tuesday in March and 
the first Tuesday in November; for the Davenport division, at Daven¬ 
port on the fourth Tuesday in April and the first Tuesday in Octo¬ 
ber; and for the Ottumwa division, at Ottumwa on the first Monday 
after the fourth Tuesday in March, and the first Monday after the 
third Tuesday in October. The clerk of the court for said district 
shall maintain an office in charge of himself or a deputy at Daven¬ 
port and at Ottumwa, for the transaction of the business of said 
divisions. 

Sec. 82. The State of Kansas shall constitute one judicial dis¬ 
trict, to be known as the district of Kansas. It is divided into three 
divisions, to be known as the first, second, and third divisions of the 
district of Kansas. The first division shall include the territory em¬ 
braced on the first day of July, nineteen hundred and ten, in the 
counties of Atchison, Brown, Chase, Cheyenne, Clay, Cloud, Decatur, 
Dickinson, Doniphan, Douglas, Ellis, Franklin, Geary, Gove, Graham, 
Jackson, Jefferson, Jewell, Johnson, Leavenworth, Lincoln, Logan, 
Lyon, Marion, Marshall, Mitchell, Morris, Nemaha, Norton, Osage, 
Osborne, Ottawa, Phillips, Pottawatomie, Rawlins, Republic, Riley, 
Rooks, Russell, Saline, Shawnee, Sheridan, Sherman, Smith, Thomas, 
Trego, Wabaunsee, Wallace, Washington, and Wyandotte. The second 
division shall include the territory embraced on the date last men¬ 
tioned in the counties of Barber, Barton, Butler, Clark, Comanche, 
Cowley, Edwards, Ellsworth, Finney, Ford, Grant, Gray, Greeley, 
Hamilton, Harper, Harvey, Hodgeman, Haskell, Kingman, Kiowa, 
Kearny, Lane, McPherson, Morton, Meade, Ness, Pratt, Pawnee, 
Reno, Rice, Rush, Scott, Sedgwick, Stafford, Stevens, Seward, 


Kansas. 


R. S., ss. 551, 572, 
658. 

3 Mar., 1879, 20 Stat. 
L., 355, c. 177; 1 Supp., 
245. 

9 Aug., 1888, 25 Stat. 
L., 392, c. 817; 1 Supp., 
608. 

9 June, 1890,26 Stat. 
L., 129, c. 403; lSupp., 
744. 

3 May, 1892, 27 Stat. 
L., 24, e. 59; 2 Supp., 
12 . 

2 Mar., 1895, 28 Stat. 
L., 806, e. 177; 2 Supp., 
417. 

19 Feb., 1903, 32Stat. 
L., 849, c. 709. 


Coudert v. U. S., 85 
Fed. Rep., 844. 




34 


THE JUDICIARY.— Ch. 5. 


Kentucky. 


R. S., ss. 557, 579,580, 
745,815. 8 Aug., 1888, 
25 Stat. L., 389, c. 792; 
1 Supp., 607. 12 Feb. 
1901, 31 Stat. L.. 781, c. 
355: 2 Supp., 1479. 10 
Mar., 1902, 32 Stat. L., 
58, c. 144. 22 May, 
1908, 35 Stat. L., 182, c. 
184. 


Sumner, Stanton, and Wichita. The third division shall include the 
territory embraced on the said date last mentioned in the counties of 
Allen, Anderson, Bourbon, Cherokee, Coffey, Chautauqua, Crawford, 
Elk, Greenwood, Labette, Linn, Miami, Montgomery, Neosho, Wilson, 
and Woodson. Terms of the district court for the first division shall 
be held at Leavenworth on the second Monday in October; at Topeka 
on the second Monday in April; at Kansas City on the second Mon¬ 
day in January and the first Monday in October; and at Salina on 
the second Monday in May; but no cause, action, or proceeding shall 
be tried or considered at any term held at Salina unless by consent of 
all the parties thereto, or by order of the court for cause. Terms of 
the district court for the second division shall be held at Wichita on 
the second Mondays in March and September; and for the third 
division, at Fort Scott on the first Monday in May and the second 
Monday in November. The clerk of the district court shall appoint 
two deputies, one of whom shall reside and keep his office at Fort 
Scott, and the other at Wichita; and the marshal shall appoint a 
deputy who shall reside and keep his office at Fort Scott. 

Sec. 88. The State of Kentucky is divided into two districts, to be 
known as the eastern and western districts of Kentucky. The east¬ 
ern district shall include the territory embraced, on the first day of 
July, nineteen hundred and ten, in the counties of Carroll, Trim¬ 
ble, Henry, Shelby, Anderson, Mercer, Boyle, Gallatin, Boone, Ken¬ 
ton, Campbell, Pendleton, Grant, Owen Franklin, Bourbon, Scott, 
Woodford, Fayette, Jessamine, Garrard, Madison, Lincoln. Rock¬ 
castle, Pulaski, Wayne, Whitley, Bell, Knox, Harlan, Laurel, Clay, 
Leslie, Letcher, Perry, Owsley, Jackson, Estill, Lee, Breathitt, Knott, 
Pike, Floyd, Magoffin, Martin, Johnson, Lawrence, Boyd, Greenup, 
Carter, Elliott, Morgan, Wolfe, Powell, Menifee, Clark, Montgom¬ 
ery, Bath, Rowan, Lewis, Fleming, Mason, Bracken, Robertson, Nich¬ 
olas, and Harrison, with the waters thereof. Terms of the district 
court for the eastern district shall be held at Frankfort on the second 
Monday in March and the fourth Monday in September; at Coving¬ 
ton on the first Monday in April and the third Monday in October; at 
Richmond on the fourth Monday in April and the second Monday in 
November; at London on the second Monday in May and the fourth 
Monday in November; at Catlettsburg on the fourth Monday in May 
and the second Monday in December; and at Jackson on the first Mon¬ 
day in March and the third Monday in September: Provided , That 
suitable rooms and accommodations are furnished for holding court 
at Jackson free of expense to the Government until such time 
as a public building shall be erected there. The western district shall 
include the territory embraced on the first day of July, nineteen hun¬ 
dred and ten, in the counties of Oldham, Jefferson, Spencer, Bullitt, 
Nelson, Washington, Marion, Larue, Taylor, Casey, Green, Adair, 
Russell, Clinton, Cumberland, Monroe, Metcalfe, Allen, Barren, 
Simpson, Logan, Warren, Butler, Hart, Edmonson, Grayson, Hardin, 
Meade, Breckenridge, Hancock, Daviess, Ohio, McLean, Muhlen¬ 
berg, Todd, Christian, Trigg, Lyon, Caldwell, Livingston, Crit¬ 
tenden, Hopkins, Webster, Henderson, Union, Marshall, Calloway, 
McCracken, Graves, Ballard, Carlisle, Hickman, and Fulton, with 
the waters thereof. Terms of the district court for the western dis¬ 
trict shall be held at Louisville on the second Mondays in March and 
October; at Owensboro on the first Monday in May and the fourth 
Monday in November; at Paducah on the third Mondays in April 
and November; and at Bowling Green on the third Monday in May 
and the second Monday in December. The clerk of the court for the 
eastern district shall maintain an office in charge of himself or a dep¬ 
uty at Frankfort, at Covington, at Richmond, at London, at Catletts- 



THE JUDICIARY.— Ch. 5. 


35 


burg, and at Jackson; and the clerk for the western district shall 
maintain an office in charge of himself or a deputy at Louisville, at 
Owensboro, at Paducah, and at Bowling Green, each of which offices 
shall be kept open at all times for the transaction of the business of 
said court. The clerks of the courts fot the estern and western dis¬ 
tricts, upon issuing original process in a civil action, shall make it 
returnable to the court nearest to the county of the residence of the 
defendant, or of that defendant whose county is nearest to a court, 
and shall, immediately upon payment by the plaintiff of his fees 
accrued, send the papers filed to the clerk of the court to which the 
process is made returnable; and whenever the process is not thus made 
returnable, any defendant may, upon motion, on or before the calling 
of the cause, have it transferred to the court to which it should have 
been sent had the clerk known the residence of the defendant* when 
the action was brought. 

Sec. 84. The State of Louisiana is divided into two judicial dis¬ 
tricts, to be known as the eastern and western districts of Louisiana. 
The eastern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the parishes of Assump¬ 
tion, Iberia. Jefferson, Lafourche, Orleans, Plaquemines, Saint Ber¬ 
nard, Saint Charles, Saint James, Saint John the Baptist, Saint Mary, 
Saint Tammany, Tangipahoa, Terrebonne, and Washington, which 
shall constitute the New Orleans division; also the territory embraced 
on the date last mentioned in the parishes of Ascension, East Baton 
Rouge, East Feliciana, Livingston, Pointe Coupee, Saint Helena, West 
Baton Rouge, Iberville, and West Feliciana, which shall constitute the 
Baton Rouge division of said district. Terms of the district court for 
the New Orleans division shall be held at New Orleans on the third 
Mondays in February, May, and November; and for the Baton Rouge 
division, at Baton Rouge on the second Mondays in April and Novem¬ 
ber. The clerk of the court for the eastern district shall maintain an 
office in charge of himself or a deputy at New Orleans and at Baton 
Rouge which shall be kept open at all times for the transaction of 
the business of the court. The western district shall include the 
territory embraced on the first day of July, nineteen hundred and 
ten, in the parishes of Saint Landry, Evangeline, Saint Martin, 
Lafayette, and Vermilion, which shall constitute the Opelousas 
division of said district; also the territory embraced on the date 
last mentioned in the parishes of Rapides, Avoyelles, Catahoula, 
La Salle, Grant, and Winn, which shall constitute the Alexandria 
division of said district; also the territory embraced on the said 
date last mentioned in the parishes of Caddo, De Soto, Bossier, 
Webster, Claiborne, Bienville, Natchitoches, Sabine, and Red River, 
which shall constitute the Shreveport division of said district; also 
the territory embraced on the date last mentioned in the parishes 
of Ouachita, Franklin, Richland, Morehouse, East Carroll, West 
Carroll, Madison, Tensas, Concordia, Union, Caldwell, Jackson, 
and Lincoln, which shall constitute the Monroe division of said 
district; also the territory embraced on the date last mentioned 
in the parishes of Acadia, Calcasieu, Cameron, and Vernon, which 
shall constitute the Lake Charles division of said district. Terms 
of the district court for the Opelousas division shall be held at 
Opelousas on the first Mondays in January and June; for the 
Alexandria division, at Alexandria on the fourth Mondays in January 
and June; for the Shreveport division, at Shreveport on the third Mon¬ 
days in February and October; for the Monroe division, at Monroe on 
the first Mondays in April and October; and for the Lake Charles divi¬ 
sion, at Lake Charles on the third Mondays in May and December. 
The clerk of the court for the western district shall maintain an 


Louisiana. 


R. S., ss. 531,572, 579. 
3 Mar., 1881, 21 Stat. 
L., 507, c. 144; 1 Supp., 
325. 

8 Aug., 1888, 25 Stat. 
L., 388, c. 789; 1 Supp., 
606. 

13 Aug., 1888, 26 
Stat. L.. 438, c. 869; 1 
Supp., 615. 

18 May, 1900, 31 
Stat. L., 179, c. 481; 2 
Supp., 1171. 

2 Mar., 1905, 33 Stat. 
L., 841, o. 1308. 



36 


THE JUDICIARY.— Ch. 5. 


Maine. 


R. S., ss. 531, 572. 

18 Jan., 1884,23 Stat. 
L.,1, c.l; 1 Supp.,423. 
22 Dec., 1911, 37 Stat. 
L.,-- c.-. 


Maryland. 


R. S., t«. 531, 572. 

21 Mar., 1892, 27 Stat. 
L., 11, c. 20; 2 Supp.,5. 


Massachusetts. 


R. S., ss. 531, 572. 

2 Mar., 1909, 35 Stat. 
L., 686, c. 240. 


Michigan. 


R. S.,ss. 538,572,579. 
19 June, 1878, 2C 
Stat. L., 175, c. 326; 1 
Supp., 198. 

28 Feb., 1887,24 Stat. 
L., 423, c. 269; 1 Supp., 
543. 

30 Apr., 1894, 28 Stat. 
L„ 67, c. 66; 2 Supp., 
181. 


office in charge of himself or a deputy at Opelousas, at Alexandria, 
at Shreveport, at Monroe, and at Lakes Charles, which shall be kept 
open at all times for the transaction of the business of the court. 

Sec. 85. The State of Maine shall constitute one judicial district, 
to be known as the district of Maine. Terms of the district court 
shall be held at the times and places following: At Portland, on the 
first Tuesday in April, on the third Tuesday in September, and on 
the second Tuesday in December; at Bangor, on the first Tuesday in 
June: Provided , however , That in the year nineteen hundred and 
twelve a session shall be also held at Portland on the first Tuesday 
in February. 

Sec. 86. The State of Maryland shall constitute one judicial dis¬ 
trict, to be known as the district of Maryland. Terms of the district 
court shall be held at Baltimore on the first Tuesdays in March, June, 
September, and December; and at Cumberland on the second Monday 
in May and the last Monday in September. The clerk of the court 
shall appoint a deputy who shall reside and maintain an office at 
Cumberland, unless the clerk shall himself reside there; and the mar¬ 
shal shall also appoint a deputy, who shall reside and maintain an 
office at Cumberland, unless he shall himself reside there. 

Sec. 87. The State of Massachusetts shall constitute one judicial 
district, to be known as the district of Massachusetts. Terms of the 
district court shall be held at Boston on the third Tuesday in March, 
the fourth Tuesday in June, the second Tuesday in September, and 
the first Tuesday in December; and at Springfield, on the second 
Tuesdays in May and December: Provided , That suitable rooms and 
accommodations for holding court at Springfield shall be furnished 
free of expense to the Government until such time as a federal build¬ 
ing shall be erected there for that purpose. The marshal and the 
clerk for said district shall each appoint at least one deputy, to reside 
in Springfield and to maintain an office at that place. 

Sec. 88. The State of Michigan is divided into two judicial dis¬ 
tricts, to be known as the eastern and western districts of Michigan. 
The eastern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Alcona, 
Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Genesee, Glad- 
Arin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Oge¬ 
maw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, Shiawassee, 
and Tuscola, which shall constitute the northern division; also the ter¬ 
ritory embraced on the date last mentioned in the counties of Branch, 
Calhoun, Clinton, Hillsdale, Ingham, Jackson, Lapeer, Lenawee, Liv¬ 
ingston, Macomb, Monroe, Oakland, St. Clair, Sanilac, Washtenaw, 
and Wayne, which shall constitute the southern division of said dis¬ 
trict. Terms of the district court for the southern division shall be 
held at Detroit on the first Tuesdays in March, June, and November; 
for the northern division, at Bay City on the first Tuesdays in May 
and October, and at Port Huron in the discretion of the judge of said 
court and at such times as he shall appoint therefor. There shall also 
be held a special or adjourned term of the district court at Bay City 
for the hearing of admiralty causes, beginning in the month of Feb¬ 
ruary in each year. The western district shall include the territory 
embraced on the first day of July, nineteen hundred and ten, in the 
counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, 
Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, 
Ontonagon, and Schoolcraft, which shall constitute the northern divi¬ 
sion ; also the territory embraced on the said date last mentioned in the 
counties of Allegan, Antrim, Barry, Benzie, Berrien, Cass, Charle¬ 
voix, Eaton, Emmet, Grand Traverse, Ionia, Kalamazoo, Kalkaska, 
Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Mont- 






THE JUDICIARY.— Ch. 5. 


37 


calm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, St. Joseph, Van 
Buren, and Wexford, which shall constitute the southern division of 
said district. Terms of the district court for the southern division shall 
be held at Grand Rapids on the first Tuesdays in March and October; 
and for the northern division, at Marquette on the first Tuesdays in 
May and September. All issues of fact shall be tried at the terms held 
in the division where such suit shall be commenced. Actions in rem 
and admiralty may be brought in whichever division of the eastern 
district service can be had upon the res. Nothing herein contained 
shall prevent the district court of the western division from regulating, 
by general rule, the venue of transitory actions either at law or in 
equity, or from changing the same for cause. The clerk of the 
court for the western district shall reside and keep his office at Grand 
Rapids, and shall also appoint a deputy clerk for said court held at 
Marquette, who shall reside and keep his office at that place. The 
marshal for said western district shall keep an office and a deputy 
marshal at Marquette. The clerk of the court for the eastern districl 
shall keep his office at the city of Detroit, and shall appoint a deputy 
for the court held at Bay City, who shall reside and keep his office at 
that place. The marshal for said district shall keep an office and a 
deputy marshal at Bay City, and mileage on service of process in 
said northern division shall be computed from Bay City. 

Sec. 89. The State of Minnesota shall constitute one judicial dis¬ 
trict, to be known as the district of Minnesota. It is divided into six 
divisions, to be known as the first, second, third, fourth, fifth, and sixth 
divisions. The first division shall include the territory embraced on 
the first day of July, nineteen hundred and ten, in the counties of 
Winona, Wabasha, Olmsted, Dodge, Steele, Mower, Fillmore, and 
Houston. The second division shall include the territory embraced 
on the date last mentioned in the counties of Freeborn, Faribault, 
Martin, Jackson, Nobles, Rock, Pipestone, Murray, Cottonwood, 
Watonwan, Blue Earth, Waseca, Lesueur, Nicollet, Brown, Red¬ 
wood, Lyon, Lincoln, Yellow Medicine, Sibley, and Lac qui Parle. 
The third division shall include the territory embraced on the date 
last mentioned in the counties of Chisago, Washington, Ramsey, 
Dakota, Goodhue, Rice, and Scott. The fourth division shall include 
the territory embraced on the date last mentioned in the counties of 
Hennepin, Wright, Meeker, Kandiyohi, Swift, Chippewa, Renville, 
McLeod, Carver, Anoka, Sherburne, and Isanti. The fifth division 
shall include the territory embraced on the date last mentioned in the 
counties of Cook, Lake, Saint Louis, Itasca, Koochiching, Cass, Crow 
Wing, Aitkin, Carlton, Pine, Kanabec, Mille Lacs, Morrison, and Ben¬ 
ton. The sixth division shall include the territory embraced on the 
date last mentioned in the counties of Stearns, Pope, Stevens, Bigstone, 
Traverse, Grant, Douglas, Todd, Ottertail, Roseau, Wilkin, Clay, 
Becker, Wadena, Norman, Polk, Red Lake, Marshall, Kittson, Bel¬ 
trami, Clearwater, Mahnomen, and Hubbard. Terms of the district 
court for the first division shall be held at Winona on the third Tues¬ 
days in May and November; for the second division, at Mankato on 
the fourth Tuesdays in April and October; for the third division, at 
Saint Paul on the first Tuesdays in June and December; for the 
fourth division, at Minneapolis on the first Tuesdays in April and 
October; for the fifth division, at Duluth on the second Tuesdays in 
January and July; and for the sixth division, at Fergus Falls on the 
first Tuesday in May and second Tuesday in November. The clerk of 
the district court shall appoint a deputy clerk at each place where the 
court is now required to be held at which the clerk shall not himself 
reside, who shall keep his office and reside at the place appointed for 
the holding of said court. 


Minnesota. 

R. S., ss. 531.572. 

26 Apr., 1890. 26 

Stat. L„ 72, c. 167; 1 
Supp., 718. 

9 Feb., 1904, 33 Stat. 
L., 11, c. 153. 

Post v. United States, 
161 U. S„ 523. 


THE JUDICIARY.—Ch. 5. 


Mississippi. 


R. S., ss. 539, 552,572, 
658. 

15 June, 1882,22 Stat. 
L., 101, c. 218; lSupp., 
344. 

8 July, 1886, 24 Stat. 
L., 127, c. 745; 1 Supp., 

28 Feb., 1887,24 Stat. 
L„ 430, c. 279; 1 Supp., 
547. 

4 Apr., 1888, 25 Stat. 
L., 78, c. 58; 1 Supp., 
583 

li Apr., 1888, 25 Stat. 
L., 84, c. 81; 1 Supp., 
584. 

6 Feb., 1889, 25 Stat. 
L., 655, c. 113; 1 Supp., 
638. 

18 July, 1894,28 Stat. 
L„ 114, c. 144; 2 Supp., 
202 . 

2 Mar., 1899, 30 Stat. 
L.. 977, e. 351; 2 Supp., 
960. 

2 Mar., 1899, 30 Stat. 
L.. 995, c. 379; 2 Supp., 
969. 

24 Feb., 1911, 36Stat. 
L.. 932, c. 160. 

5 Feb. 1912, 37 Stat. 
L., —, c. —. 


Missouri. 


R. S., SS. 540, 572. 

28 Feb., 1887, 24 Stat. 
L., 424, c. 271; 1 Supp., 

543. 1 Oct., 1888, 25 
Stat. L„ 498, c. 1056; 1 
Supp., 622. 14 May, 
1890,26 Stat. L„ 106, C. 
202; 1 Supp., 738. 19 
Apr., 1892, 27 Stat. L„ 
20, C. 50; 2 Supp., 10. 
28 Jan., 1897, 29 Stat. 
L„ 502, c. 106; 2 Supp., 

544 . 24 Jan., 1901. 31 

Slat. L., 739, C. 164; 2 
Suop., 1462. 8 Apr., 
1904, 33 Stat. L„ 164, c. 
947. 31 Jan., 1905, 33 
Stat. L„ 626, c. 287. 4 
Feb., 1907, 34 Stat. L., 
875. c. 457. 16 May, 

1910, 36 Stat. L., 370, c. 
241. 22 June, 1910, 36 

Stat. L„ 585, c. 321. 22 
June, 1910, 36 Stat. L., 


Sec. 90. The State of Mississippi is divided into two judicial dis¬ 
tricts, to be known as the northern and southern districts of Missis¬ 
sippi. The northern district shall include the territory embraced on 
the first day of July, nineteen hundred and ten, in the counties of 
Alcorn, Attala, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, 
Monroe, Oktibbeha, Pontotoc, Prentiss, Tishomingo, and Winston, 
which shall constitute the eastern division of said district; also the 
territory embraced on the date last mentioned in the counties of 
Benton, Coahoma, Calhoun, Carrol, De Soto, Grenada, Lafayette, 
Marshall, Montgomery, Panola, Quitman, Tallahatchie, Tate, Tippah, 
Tunica, Union, Webster, and Yalobusha, which shall constitute the 
western division of said district. Terms of the district court for 
the eastern division shall be held at Aberdeen on the first Mondays in 
April and October; and for the western division, at Oxford on the first 
Mondays in June and December, and at Clarksdale on the third 
Mondays in June and December: Provided , That suitable rooms and 
accommodations for holding court at Clarksdale are furnished free 
of expense to the United States. The southern district shall include 
the territory embraced on the first day of July, nineteen hundred 
and ten, in the counties of Adams, Amite, Copiah, Covington, Frank¬ 
lin, Hinds, Holmes, Jefferson, Jefferson Davis, Lawrence, Lincoln, 
Leflore, Madison, Pike, Rankin, Simpson, Smith, Scott, Wilkinson, 
and Yazoo, which shall constitute the Jackson division; also the ter¬ 
ritory embraced on the date last mentioned in the counties of Bolivar, 
Claiborne, Issaquena, Sharkey, Sunflower, Warren, and Washington, 
which shall constitute the western division; also the territory em¬ 
braced on the date last mentioned in the counties of Clarke, Jones, 
Jasper, Kemper, Lauderdale, Leake, Neshoba, Newton, Noxubee, and 
Wayne, which shall constitute the eastern division; also the territory 
embraced on the date last mentioned in the counties of Forrest, 
George, Greene, Hancock, Harrison, Jackson, Lamar, Marion, Perry, 
and Pearl River, which shall constitute the southern division of said 
district. Terms of the district court for the jackson division shall be 
held at Jackson on the first Mondays in May and November; for 
the western division, at Vicksburg on the first Mondays in January 
and July; for the eastern division, at Meridian on the second Mon¬ 
days in March and September; and for the southern division, at 
Biloxi on the third Mondays in February and August. The clerk of 
the court for each district shall maintain an office in charge of him¬ 
self or a deputy at each place in his district at which court is now 
required to be held, at which he shall not himself reside, which shall 
be kept open at all times for the transaction of the business of the 
court. The marshal for each of said districts shall maintain an office 
in charge of himself or a deputy at each place of holding court in his 
district. 

Sec. 91. That the State of Missouri is divided into two judicial dis¬ 
tricts, to be known as the eastern and western districts of Missouri. 
The eastern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the city of Saint Louis and 
the counties of Audrain, Crawford, Dent, Franklin, Gasconade, Iron, 
Jefferson, Lincoln, Maries, Montgomery, Phelps, Saint Charles, Saint 
Francois, Sainte Genevieve, Saint Louis, Warren, and Washington, 
which shall constitute the eastern division of said district; also the 
territory embraced on the date last mentioned in the counties of Adair, 
Chariton, Clark, Knox, Lewis, Linn, Macon, Marion, Monroe, Pike, 
Ralls, Randolph, Schuyler, Scotland, and Shelby, which shall consti¬ 
tute the northern division of said district; also the territory embraced 
on the date last mentioned in the counties of Bollinger, Butler, Cape 
Girardeau, Carter, Dunklin, Madison, Mississippi, New Madrid, Pemi¬ 
scot, Perry, Reynolds, Ripley, Scott, Shannon, Stoddard, and Wayne, 

587, c. 323. 7 Feb., 1911, 36 Stat. L., 897, c. 39. 22 Dec., 1911, 36 Stat. L., —, c. —. 




THE JUDICIARY.— Ch. 5. 


39 


which shall constitute the southeastern division of said district. 

Terms of the district court for the eastern division shall be held 
at Saint Louis on the third Mondays in March and September, and at 
Rolla on the second Mondays in January and June: Provided, That 
suitable rooms and accommodations for holding court at Rolla are 
furnished free of expense to the United States; for the northern 
division at Hannibal on the fourth Monday in May and the first 
Monday in December; and for the southeastern division, at Cape 
Girardeau on the second Mondays in April and October. The western 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Bates, Caldwell, Carroll, 

Cass, Clay, Grundy, Henry, Jackson, Johnson, Lafayette, Livingston, 

Mercer, Putnam, Ray, Saint Clair, Saline, and Sullivan, which shall 
constitute the western division; also the territory embraced on the 
date last mentioned in the counties of Barton, Barry, Jasper, Law¬ 
rence, McDonald, Newton, Stone, and Vernon, which shall constitute 
the southwestern division; also the territory embraced on the date 
last mentioned in the counties of Andrew, Atchison, Buchanan, 

Clinton, Daviess, Dekalb, Gentry, Holt, Harrison, Nodaway, Platte, 
and Worth, which shall constitute the Saint Joseph division; also 
the territory embraced on the date last mentioned in the counties of 
Benton, Boone, Callaway, Cooper, Camden, Cole, Hickory, Howard, 

Miller, Moniteau, Morgan, Osage, and Pettis, which shall consti¬ 
tute the central division; also the territory embraced on the date 
last mentioned in the counties of Christian, Cedar, Dade, Dallas, 

Douglas, Greene, Howell, Laclede, Oregon, Ozark, Polk, Pulaski, 

Taney, Texas, Webster, and Wright, which shall constitute the 
southern division. Terms of the district court for the western 
division shall be held at Kansas City on the fourth Monday in April 
and first Monday in November, and at Chillicothe on the fourth 
Monday in May and the first Monday in December: Provided , That 
suitable rooms and accommodations for holding court at Chillicothe 
are furnished free of expense to the United States; for the south¬ 
western division, at Joplin on the second Mondays in June and 
January; for the Saint Joseph division, at Saint Joseph on the first 
Monday in March and third Monday in September; for the central 
division, at Jefferson City on the third Mondays in March and Octo¬ 
ber ; and for the southern division, at Springfield on the first Mondays 
in April and October. The clerk of the court at Saint Louis, in the 
eastern district, shall maintain an office in charge of himself or a 
deputy at Saint Louis and Hannibal and at such other places of 
holding court in said district as may be deemed necessary by the 
judge, which shall be kept open at all times for the transaction of the 
business of the court. The clerk of the court for the western district 
shall maintain an office in charge of himself or a deputy at Kansas 
City, at Jefferson City, at Saint Joseph, at Chillicothe, at Joplin, and 
at Springfield, which shall be kept open at all times for the transac¬ 
tion of the business of the court. The marshal for each district shall 
also maintain an office in charge of himself or a deputy at each place 
at which court is now held in his district. 

Sec. 92. The State of Montana shall constitute one judicial dis- Montana. _ 

trict, to be known as the district of Montana. Terms of the district 22Feb.,i889,25stat. 
court shall be held at Helena on the first Mondays in April and Novem- sup^’ 649 . 180,8 ‘ 21:1 
ber; at Butte on the first Tuesdays in February and September; 
at Great Falls on the first Mondays in May and October; at Missoula 8 ^ A r ’ 33Stat 
on the first Mondays in January and June; and at Billings on the nfs^cueiol 33 tet * 
first Mondays in March and August. Causes, civil and criminal, 
may be transferred by the court or judge thereof from Helena to 
Butte or from Butte to Helena, or from Helena or Butte to Great 
Falls, or from Great Falls to Helena or Butte, in said district, when 
the convenience of the parties or the ends of justice would be pro- 
64100—12-4 



40 


THE JUDICIARY —Ch.5. 


Nebraska. 


R. S., ss. 531, 572. 

3 Aug., 1894, 28 Stat. 
L., 221, c. 194: 2 Supp., 
222 . 

27 Feb., 1907, 34 Stat. 
L., 997, c. 2073. 

12 Apr. 1910, 36 Stat. 
L., 294, c. 153. 


Nevada. 


R. S., ss. 531, 572. 


New Hampshire. 


R. S„ ss. 531, 572. 

23 Feb., 1881,21 Stat. 
L., 330, c. 71: 1 Supp., 
317. 

10 Mar., 1892,27 Stat. 
L,. 7, c. 15; 2 Supp., 4. 
New Jersey. 


R. S., ss. 531, 572. 

8 Aug., 1888, 25 Stat. 
L., 388, c. 790; 1 Supp , 
S07. 


moted by the transfer; and any interlocutory order may be made by 
the coilrt or judge thereof in either place. 

Sec. 93. The State of Nebraska shall constitute one judicial dis¬ 
trict to be known as the district of Nebraska. Said district is divided 
into eight divisions. The territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Douglas, Sarpy, Wash¬ 
ington, Dodge, Colfax, Platte, Nance, Boone, Wheeler, Burt, Thurs¬ 
ton, Dakota, Cuming, Cedar, and Dixon, shall constitute the Omaha 
division; the territory embraced on the date last mentioned in the 
counties of Madison, Antelope, Knox, Pierce, Stanton, Wayne, Holt, 
Boyd, Rock, Brown, and Keya Paha, shall constitute the Norfolk 
division; the territory embraced on the date last mentioned in the 
counties of Cherry, Sheridan, Dawes, Box Butte, and Sioux, shall 
constitute the Chadron division; the territory embraced on the date 
last mentioned in the counties of Hall, Merrick, Howard, Greeley, 
Garfield, Valley, Sherman, Buffalo, Custer, Loup, Blaine, Thomas, 
Hooker, and Grant, shall constitute the Grand Island division; the 
territory embraced on the date last mentioned in the counties of Lin¬ 
coln, Dawson, Logan, McPherson, Keith, Deuel, Garden, Morrill, 
Cheyenne, Kimball, Banner, and Scott’s Bluff, shall constitute the 
North Platte division; the territory embraced on the date last men¬ 
tioned in the counties of Cass, Otoe, Johnson, Nemaha, Pawnee, Rich¬ 
ardson, Gage, Lancaster, Saunders, Butler, Seward, Saline, Jefferson, 
Thayer, Fillmore, York, Polk, and Hamilton, shall constitute the 
Lincoln division; the territory embraced on the date last mentioned 
in the counties of Clay, Nuckolls, Webster, Adams, Kearney, Frank¬ 
lin, Harlan, and Phelps, shall constitute the Hastings division; and 
the territory embraced on the date last mentioned in the counties of 
Gosper, Furnas, Red Willow, Frontier, Hayes, Hitchcock, Dundy, 
Chase, and Perkins, shall constitute the McCook division. Terms 
M the district court for the Omaha division shall be held at Omaha 
on the first Monday in April and the fourth Monday in September; 
for the Norfolk division, at Norfolk on the third Monday in Septem¬ 
ber; for the Chadron division, at Chadron on the second Monday in 
September; for the Grand Island division, at Grand Island on the 
second Monday in January; for the North Platte division, at North 
Platte on the second Monday in June; for the Lincoln division, at 
Lincoln on the second Monday in May and the first Monday in Octo¬ 
ber; for the Hastings division, at Hastings on the second Monday in 
March; and for the McCook division, at McCook on the first Monday 
in March: Provided , That where provision is made herein for hold¬ 
ing court at places where there are no Federal buildings, a suitable 
room in which to hold court, together with light and heat, shall be 
provided by the city or county where such court is held, without any 
expense to the United States. The clerk of the court shall appoint a 
deputy for each division of the district in which he does not himself 
reside, who shall keep his office and reside at the place of holding 
court in the division for which he is appointed. 

Sec. 94. The State of Nevada shall constitute one judicial dis¬ 
trict, to be known as the district of Nevada. Terms of the district 
court shall be held at Carson City on the first Mondays in February, 
May, and October. 

Sec. 95. The State of New Hampshire shall constitute one judi¬ 
cial district, to be known as the district of New Hampshire. Terms 
of the district court shall be held at Portsmouth on the third Tuesdays 
in March and September ; at Concord on the third Tuesdays in June 
and December; and at Littleton on the last Tuesday in August. 

Sec. 96. The State of New Jersey shall constitute one judicial dis¬ 
trict, to be known as the district of New Jersey. Terms of the district 
court shall be held at Trenton on the third Tuesdays in January, April, 
June, and September. At each term of the district court it shall be 






THE JUDICIARY.— Ch. 5. 


41 


lawful for the judge holding such term, on consent of both parties, or 
on application therefor and good cause shown by either party to 
any civil cause set for trial or hearing at said term, to order such 
cause to be held or tried at the city of Newark, in said district, upon 
the day set for that purpose by said judge: Provided, That such 
application shall be made to said judge, either in vacation or term 
time, at least one week before the date set for trial of said cause, and 
on at -least five days’ notice to the opposite party or his or her attor¬ 
ney ; and writs of subpoena to compel the attendance of witnesses 
at said city of Newark may issue, and jurors summoned to attend 
said term may be ordered by said judge to be in attendance upon 
said court in the city of Newark. 

Sec. 97. The State of New York is divided into four judicial 
districts, to be known as the northern, eastern, southern, and western 
districts of New York. The northern district shall include the ter¬ 
ritory embraced on the first day of July, nineteen hundred and 
ten, in the counties of Albany, Broome, Cayuga, Chenango, Clinton, 
Cortland, Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, 
Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, 
Otsego, Rensselaer, Saint Lawrence, "Saratoga, Schenectady, Scho¬ 
harie, Tioga, Tompkins, Warren, and Washington, with the waters 
thereof. Terms of the district court for said district shall be held 
at Albany on the second Tuesday in February; at Utica on the 
first Tuesday in December; at Binghamton on the second Tuesday 
in June; at Auburn on the first Tuesday in October; at Syracuse on 
the first Tuesday in April; and, in the discretion of the judge of 
the court, one term annually at such time and place within the coun¬ 
ties of Saratoga, Onondaga, Saint Lawrence, Clinton, Jefferson, 
Oswego, and Franklin, as he may from time to time appoint. Such 
appointment shall be made by notice of at least twenty days pub¬ 
lished in a newspaper published at the place where said court is to be 
held. The eastern district shall include the territory embraced on the 
first day of July, nineteen hundred and ten, in the counties of Rich¬ 
mond, Kings, Queens, Nassau, and Suffolk, with the waters thereof. 
Terms of the district court for said district shall be held at Brooklyn 
on the first Wednesday in every month. The southern district shall 
include the territory embraced on the first day of J uly, nineteen hun¬ 
dred and ten, in the counties of Columbia, Dutchess, Greene, New 
York, Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester, 
with the waters thereof. Terms of the district court for said dis¬ 
trict shall be held at New York City on the first Tuesday in each 
month. The district courts of the southern and eastern districts shall 
have concurrent jurisdiction over the waters within the counties of 
New York, Kings, Queens, Nassau, Richmond, and Suffolk, and over 
all seizures made and all matters done in such waters; all processes 
or orders issued within either of said courts or by any judge thereof 
shall run and be executed in any part of said waters. The western 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Allegany, Cattaraugus, 
Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, 
Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and 
Yates, with the waters thereof. Terms of the district court for said 
district shall be held at Elmira on the second Tuesday in January; at 
Buffalo on the second Tuesdays in March and November; at Roch¬ 
ester on the second Tuesday in May; at Jamestown on the second 
Tuesday in July; at Lockport on the second Tuesday in October; and 
at Canandaigua on the second Tuesday in September. The regular 
sessions of the district court for the western district for the hearing 
of motions and for proceedings in bankruptcy and the trial of causes 
in admiralty, shall be held at Buffalo at least two weeks in each 
month of the year, except August, unless the business is sooner dis- 


New York. 


R. S., ss. 541, 542, 572, 

23 Mar., 1882,22 Stat. 
L., 32, c. 48; 1 Supp., 
334. 

12 May, 1900, 31 Stat. 
L., 175, c. 391; 2 Supp., 
1167. 


The Artisan, 8 Ben., 
540; The Ausbro v. U. 
S., 150 U. S., 605; Au- 
berweg v. Compagnie 
Transatlantique, 35 
Fed. Rep., 428: Beek- 
man v. Hudson River 
W. S. Ry. Co., 35 Fed. 
Rep., 3. 




42 


THE JUDICIARY.-Ch. 5. 


North Carolina. 


R. S.,S9. 543,572,621, 
816. 

19 June, 1878,20 Stat. 
L., 173, e. 322; 1 Supp., 
196. 

17 Feb., 1887, 24 Stat. 
L., 406, c. 137; 1 Supp., 
538. 

9 Aug., 1894, 28 Stat. 
L., 274, c. 244; 2 Supp., 
234. 

15 Apr., 1902,32 Stat. 
L., 106, C. 508. 

23 Feb., 1903,32 Stat. 
L., 852, c. 749. 

22 Apr., 1904,33 Stat. 
L., 250, c. 1422. 

3 Mar., 1905, 33 Stat. 
L., 1004, c. 1436. 

3 Mar., 1905, 33 Stat. 
L., 1004, c. 1437. 

2 Mar,, 1907, 34 Stat. 
L., 1224, c. 2528. 

31 Jan., 1908,35 Stat. 
L., 3, c. 6. 

26 Jan., 1910, 36Stat. 
L„ 186, c.4. 


North Dakota. 


22 Feb., 1889,25 Stat. 
L., 682, c. 180, s. 21; 1 
Supp., 649. 

26 Apr., 1890,26 Stat. 
L., 67, c. 161; 1 Supp., 
716. 

4 Feb., 1895, 28 Stat. 
L., 642, c. 55; 2 Supp., 
368. 

29 June, 1906,34 Stat. 
L„ 609, c. 3595; 5 Feb., 
1912,37 Stat. L.,-c. 


posed of. The times for holding the same and such other special 
sessions as the court shall deem necessary shall be fixed by rules of 
the court. All process in admiralty causes and proceedings shall be 
made returnable at Buffalo. The judge of any district in the State 
of New York may perform the duties of the judge of any other dis¬ 
trict in such State upon the request of any resident judge entered in 
the minutes of his court; and in such cases such judge shall have the 
same powers as are vested in the resident judge. 

Sec. 98. The State of North Carolina is divided into two dis¬ 
tricts, to be known as the eastern and western districts of North Caro¬ 
lina. The eastern district shall include the territory embraced on the 
first day of July, nineteen hundred and ten, in the counties of Beau¬ 
fort, Bertie, Bladen, Brunswick, Camden, Chatham, Cumberland, Cur¬ 
rituck, Craven, Columbus, Chowan, Carteret, Dare, Duplin, Durham, 
Edgecombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, 
Hertford, Hyde, Johnston, Jones, Lenoir, Lee, Martin, Moore, Nash, 
New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, 
Perquimans, Person, Pitt, Robeson, Richmond, Sampson, Scotland, 
Tyrrell, Vance, Wake, Warren, Washington, Wayne, and Wilson. 
Terms of the district court for the eastern district shall be held at 
Elizabeth City on the second Mondays in April and October; at 
Washington on the third Mondays in April and October; at Newbern 
on the fourth Mondays in April and October; at Wilmington on 
the second Monday after the fourth Mondays in April and Octo¬ 
ber; and at Raleigh on the fourth Monday after the fourth Mondays 
in April and October: Provided , That the city of Washington 
shall provide and furnish at its own expense a suitable and con¬ 
venient place for holding the district court at Washington until 
a courthouse shall be constructed by the United States. The clerk 
of the court for the eastern district shall maintain an office in charge 
of himself or a deputy at Raleigh, at Wilmington, at Newbern, at 
Elizabeth City, and at Washington, which shall be kept open at all 
times for the transaction of the business of the court. The western 
district shall include the territory embraced on the first day of July, 
nineteen hundred and ten, in the counties of Alamance, Alexander, 
Ashe, Alleghany, Anson, Buncombe, Burke, Caswell, Cabarrus, 
Catawba, Cleveland, Caldwell, Clay, Cherokee, Davidson, Davie, 
Forsyth, Guilford, Gaston, Graham, Henderson, Haywood, Iredell, 
Jackson, Lincoln, Montgomery, Mecklenburg, Mitchell, McDowell, 
Madison, Macon, Orange, Polk, Randolph, Rockingham, Rowan, 
Rutherford, Stanly, Stokes, Surry, Swain, Transylvania, Union, 
Wilkes, Watauga, Yadkin, and Yancey. Terms of the district court 
for the western district shall be held at Greensboro on the first Mon¬ 
days in June and December; at Statesville on the third Mondays in 
April and October; at Salisbury on the fourth Mondays in 
April and October; at Asheville on the first Mondays in May and 
November; at Charlotte on the first Mondays in April and October; 
and at Wilkesboro on the fourth Mondays in May and November. 
The clerk of the court for the western district shall maintain an 
office in charge of himself or a deputy at Greensboro, at Asheville, at 
Statesville, and at Wilkesboro, which shall be kept open at all times 
for the transaction of the business of the court. 

Sec. 99. The State of North Dakota shall constitute one judicial 
district, to be known as the district of North Dakota. The territory 
embraced on the first day of July, nineteen hundred and ten, in the 
counties of Burleigh, Stutsman, Logan, McIntosh, Emmons, Kidder, 
Foster, Wells, McLean, Sheridan, Adams, Bowman, Dunn, Hettinger, 
Morton, Stark, and McKenzie shall constitute the southwestern divi¬ 
sion of said district; and the territory embraced on the date last men- 





THE JUDICIARY.—Ch. 5. 


43 


tioned in the counties of Cass, Richland, Barnes, Dickey, Sargent, 
Lamoure, Ransom, Griggs, and Steele, shall constitute the south¬ 
eastern division; and the territory embraced on the date last men¬ 
tioned in the counties of Grand Forks, Traill, Walsh, Pembina. 
Cavalier, and Nelson, shall constitute the northeastern division; and 
the territory embraced on the date last mentioned in the counties of 
Ramsey, Eddy, Benson, Towner, Rolette, Bottineau, Pierce, and 
McHenry, shall constitute the northwestern division; and the terri¬ 
tory embraced on the date last mentioned in the counties of Ward, 
Williams, Montraille, Burk, and Renville shall constitute the western 
division. The several Indian reservations and parts thereof within 
said State shall constitute a part of the several divisions within which 
they are respectively situated. Terms of the district court for the 
southwestern division shall be held at Bismarck on the first Tuesday 
in March; for the southeastern division, at Fargo on the third Tues¬ 
day in May; for the northeastern division, at Grand Forks on the 
second Tuesday in November; for the northwestern division, at Devils 
Lake on the first Tuesday in July; and for the western division, at 
Minot on the second Tuesday in October. The clerk of the court 
shall maintain an office in charge of himself or a deputy at each place 
at which court is now held in his district. 

Sec. 100. The State of Ohio is divided into two judicial districts, 
to be known as the northern and southern districts of Ohio. The 
northern district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Ashland, Ashta¬ 
bula, Cuyahoga, Carroll, Columbiana, Crawford, Geauga, Holmes, 
Lake, Lorain, Medina, Mahoning, Portage, Richland, Summit, Stark, 
Tuscarawas, Trumbull, and Wayne, which shall constitute the eastern 
division; also the territory embraced on the date last mentioned in the 
counties of Auglaize, Allen, Defiance, Erie, Fulton, Henry, Hancock, 
Hardin, Huron, Lucas, Mercer, Marion, Ottawa, Paulding, Putnam, 
Seneca, Sandusky, Van Wert, Williams, Wood, and Wyandotte, which 
shall constitute the western division of said district. Terms of the 
district court for the eastern division shall be held at Cleveland on 
the first Tuesdays in February, April, and October, and at Youngs¬ 
town on the first Tuesday after the first Monday in March; and for 
the western division, at Toledo on the last Tuesdays in April and 
October. Grand and petit jurors summoned for service at a term 
of court to be held at Cleveland may, if in the opinion of the court 
the public convenience so requires, be directed to serve also at the 
term then being held or authorized to be held at Youngstown. 
Crimes and offenses committed in the eastern division shall be cog¬ 
nizable at the terms held at Cleveland, or at Youngstown, as the 
court may direct. Any suit brought in the eastern division may, 
in the discretion of the court, be tried at the term held at Youngs¬ 
town. The southern district shall include the territory embraced on 
the first day of July, nineteen hundred and ten, in the counties of 
Adams, Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke, 
Greene, Hamilton, Highland, Lawrence, Miami, Montgomery, Preble, 
Scioto, Shelby, and Warren, which shall constitute the western divi¬ 
sion; also the territory embraced on the date last mentioned in the 
counties of Athens, Belmont, Coshocton, Delaware, Fairfield, Fayette, 
Franklin, Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson, 
Knox, Licking, Logan, Madison, Meigs, Monroe, Morgan, Morrow, 
Muskingum, Noble, Perry, Pickaway, Pike, Ross, Union, Vinton, 
and Washington, which shall constitute the eastern division of said 
district. Terms of the district court for the western division shall 
be held at Cincinnati on the first Tuesdays in February, April, and 
October; and for the eastern division, at Columbus on the first Tues- 


Ohio. 


R. S., ss. 544, 554,572, 
579. 

8 June, 1878, 20 Stat. 
L., 101, c. 169; 1 Supp., 
172. 

4 Feb., 1880, 21 Stat. 
L., 63, c. 18; 1 Supp., 
277. 

27 July, 1882,22 Stat. 
L., 176, c.351; 1 Supp., 
361. 

2 Mar., 1891, 26 Stat. 
L., 799, c. 493; 1 Supp., 
900 

4 - Mar., 1907, 34 Stat. 
L„ 1294, c. 2917. 

26 Feb., 1909,35 Stat. 
L., 656, c. 216. 


U. S. v. Eddy, 28 
Fed. Rep., 226; Page 
v. Chillicothe, 6 Fed. 
Rep., 599. 




44 


THE JUDICIARY.—Ch. 5. 


Oklahoma. 


16 June, 1906,34 Stat. 
L.,275, c. 3335, s. 13. 

26 June, 1910,36 Stat. 
L., 825, C. 394. 


Oregon. 


R. S., ss. 531, 572. 

2 Mar., 1909, 35 Stat. 
L., 686, c. 243, as. 4,5,6. 


Pennsylvania. 


R. S.,ss. 545,572,579. 
5 Aug., 1886, 24 Stat. 
L., 336, C. 931; lSupp., 
515. 

2 Mar., 1901,31 Stat. 
L., 880, c.801; 2Supp., 
1501. 

30 June, 1902,32 Rtat. 
L., 549, c. 1335. 

30 June,1902,32 Stat. 
L., 549, c. 1336. 


Jays in June and December: Provided , That terms of the district 
court for the southern district shall be held at Dayton on the first 
Mondays in May and November. Prosecutions for crimes and offenses 
committed in any part of said district shall also be cognizable at the 
terms held at Dayton. All suits which may be brought within the 
southern district, or either division thereof, may be instituted, tried, 
and determined at the terms held at Dayton. 

Sec. 101. The State of Oklahoma is divided into two judicial dis¬ 
tricts, to be known as the eastern and the western districts of Okla¬ 
homa. The eastern district shall include the territory embraced 
on the first day of July, nineteen hundred and ten, in the counties 
of Adair, Atoka, Bryan, Craig, Cherokee, Creek, Choctaw, Coal, 
Carter, Delaware, Garvin, Grady, Haskell, Hughes, Johnson, Jeffer¬ 
son, Latimer, Le Flore, Love, McClain, Mayes, Muskogee, McIntosh, 
McCurtain, Murray, Marshall, Nowata, Ottawa, Okmulgee, Ofuskee, 
Pittsburg, Pushmataha, Pontotoc, Rogers, Stephens, Sequoyah, 
Seminole, Tulsa, Washington, and Wagoner. Terms of the district 
court for the eastern district shall be held at Muskogee on the first 
Monday in January; at Vinita on the first Monday in March; at 
Tulsa on the first Monday in April; at South McAlester on the 
first Monday in June; at Ardmore on the first Monday in October; 
and at Chickasha on the first Monday in November in each year. 
The western district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Alfalfa, 
Beaver, Beckham, Blaine, Caddo, Canadian, Cimarron, Cleveland, 
Comanche, Custer, Dewey, Ellis, Garfield, Grant, Greer, Harmon, 
Harper, Jackson, Kay, Kingfisher, Kiowa, Lincoln, Logan, Majors, 
Noble, Oklahoma, Osage, Pawnee, Payne, Pottawatomie, Roger 
Mills, Texas, Tillman, Washita, Woods, and Woodward. Terms of 
the district court for the western district shall be held at Guthrie 
on the first Monday in January; at Oklahoma City on the first Mon¬ 
day in March; at Enid on the first Mondav in June; at Lawton 
on the first Monday in September, and at Woodward on the first 
Monday in May and the second Monday in November: Provided, That 
suitable rooms and accommodations for holding court at Wood¬ 
ward are furnished free of expense to the United States. The clerk 
of the district court for the eastern district shall keep his office at 
Muskogee, and the clerk for the western district at Guthrie, and shall 
maintain an office in charge of himself or a deputy at Oklahoma City. 

Sec. 102. The State of Oregon shall constitute one judicial dis¬ 
trict. to he known as the district of Oregon. Terms of the district 
court shall be held at Portland on the first Mondays in March, July, 
and November; at Pendleton on the first Tuesday in April; and at 
Medford on the first Tuesday in October. The marshal and the 
clerk for said district shall each appoint, in the manner provided by 
law. at least one deputy at Pendleton and one at Medford, who shall 
reside and maintain an office at each of said places. 

Sec. 103. The State of Pennsylvania is divided into three judicial 
districts, to be known as the eastern, middle, and western districts of 
Pennsylvania. The eastern district shall include the territory em¬ 
braced on the first day of July, nineteen hundred and ten, in the coun¬ 
ties of Berks, Bucks. Chester, Delaware, Lancaster, Lehigh, Montgom¬ 
ery, Northampton, Philadelphia, and Schuylkill. Terms of the district 
court shall be held at Philadelphia on the second Mondays in March 
and June, the third Monday in September, and the second Monday 
in December, each term to continue until the succeeding term begins. 
The middle district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Adams, 
Bradford. Cameron, Carbon, Center, Clinton, Columbia, Cumberland, 
Dauphin. Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Leb¬ 
anon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northumber¬ 
land, Perry, Pike, Potter, Snyder, Sullivan, Susquehanna, Tioga, 





THE JUDICIARY.—Ch. 5. 


45 


Union, Wayne, Wyoming, and York. Terms of the district court 
shall be held at Scranton on the fourth Monday in February and the 
third Monday in October; at Harrisburg on the first Mondays in 
May and December; and at Williamsport on the second Mondays in 
January and June. The clerk of the court for the middle district 
shall maintain an office in charge of himself or a deputy at Harris¬ 
burg; and civil suits instituted at that place shall be tried there, if 
either party resides nearest that place of holding court, unless by 
consent of parties they are removed to another place for trial. The 
western district shall include the territory embraced on the first day 
of July, nineteen hundred and ten, in the counties of Allegheny, 
Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clear¬ 
field, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jeffer¬ 
son, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Wash¬ 
ington, and Westmoreland. Terms of the district court shall be held 
at Pittsburg on the first Monday in May and the third Monday in 
October; and at Erie on the third Monday in July and the second 
Monday in January. 

Sec. 104. The State of Rhode Island shall constitute one judicial 
district, to be known as the district of Rhode Island. Terms of the 
district court shall be held at Providence on the fourth Tuesday in 
May and the third Tuesday in November. 

Sec. 105. The State of South Carolina is divided into two dis¬ 
tricts, to be known as the eastern and western districts of South 
Carolina. The western district shall include the territory embraced 
on the first day of July, nineteen hundred and ten, in the counties 
of Abbeville, Anderson, Cherokee, Chester, Edgefield, Fairfield, 
Greenville, Greenwood, Lancaster, Laurens, Newberry, Oconee, 
Pickens, Saluda, Spartanburg, Union, and York. Terms of the 
district court for the western district shall be held at Greenville on 
the third Tuesdays in April and October. The eastern district shall 
include the territory embraced on the first day of July, nineteen hun¬ 
dred and ten, in the counties of Aiken, Bamberg, Barnwell, Beaufort, 
Berkeley, Calhoun, Charleston, Chesterfield, Clarendon, Colleton. Dar¬ 
lington, Dillon, Dorchester, Florence, Georgetown, Hampton. Horry, 
Kershaw, Lee, Lexington, Marion, Marlboro, Orangeburg, Richland, 
Sumter, and Williamsburg. Terms of the district court for the 
eastern district shall be held at Charleston on the first Tuesdays in 
June and December; at Columbia on the third Tuesday in January 
and the first Tuesday in November, the latter term to be solely for 
the trial of civil cases; and at Florence on the first Tuesday in March. 
The offices of the clerk of the district court shall be at Greenville, 
and at Charleston; and the clerk shall reside in one of said cities 
and have a deputy in the other. 

Sec. 106. The State of South Dakota shall constitute one judicial 
district, to be known as the district of South Dakota. The territory 
embraced on the first day of July, nineteen hundred and ten, in the 
counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles 
Mix, Clay, Davison, Douglas, Gregory, Hanson, Hutchinson, Kings¬ 
bury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, 
Turner, Union, and Yankton, and in the Yankton Indian reserva¬ 
tion, shall constitute the southern division of said district; the ter¬ 
ritory embraced on the date last mentioned in the counties of Brown. 
Campbell, Clark^ Codington, Corson, Day, Deuel, Edmunds, Grant. 
Hamlin, McPherson, Marshall, Roberts, Schnasse, Spink, and Wal¬ 
worth, and in the Sisseton and Wahpeton Indian reservation, and in 
that portion of the Standing Rock Indian reservation lying in South 
Dakota, shall constitute the northern division; the territory embraced 
on the date last mentioned in the counties of Armstrong, Buffalo, 
Dewey, Faulk, Hand, Hughes, Hyde, Jerauld, Lyman, Potter, Stan¬ 
ley, and Sully, and in the Cheyenne River, Lower Brule, and Crow 
Creek Indian reservations, shall constitute the central division; and 


Rhode Island. 


R. S., ss. 531, 572. 

^1 Feb., 1912, 37 Stat. 


South Carolina. 

R. S., ss. 546,552,776, 
817. 

26 Apr., 1890, 26 Stat. 
L., 71, c. 165: 1 Supp., 
718. 

23 July, 1892, 27 Stat. 
L., 261, c.235; 2 Supp., 
46. 

21 Dec., 1898,30 Stat. 
L., 769, c. 32; 2 Supp., 
912. 

10 May, 1900,31 Stat. 
L.,174, c. 390; 2 Supp., 
1167. 

27 Feb , 1907,34 Stat. 
L., 1002, c. 2079. 

5 Feb., 1912, 37 Stat. 
L.,-, c.-. 


Barrett v. U. S., 169 
U. S., 218; The Hun- 
garia, 41 Fed. Rep,, 
109. 


South Dakota. 


22Feb., 1889, 25 Stat. 
L„ 682, c. 180, s. 21; 1 
Supp., 649. 

27 Feb., 1890,26Stat. 
L.. 14, c. 21; 1 Supp., 
705. 

3 Nov., 1893, 28 Stat. 
L., 5, e. 10; 2 Supp., 
151. 

9 May, 1902, 32 Stat. 
L., 197, c. 785. 





46 


THE JUDICIARY.—Ch. 5. 


Tennessee. 


R.S..SS. 547,552,572, 
586. 3 Mar., 1875, 18 
Stat. L., 480, c. 148; 1 
Supp., 90. 14 June, 
1878, 20 Stat. L., 132, 
c. 196; 1 Supp., 181. 
20 June. 1878, 20 Stat. 
L.,235,c. 359; 1 Supp., 
202. 11 June, 1880, 21 
Stat. L., 175, c. 203; 1 
Supp., 295. 15 Jan., 
1883, 22 Stat. L„ 402, 
c. 25; 1 Supp., 392, 
27 Dec., 1884, 23 Stat. 
L., 280. c. 7; 1 Supp., 
471. 27 Feb., 1896, 29 
Stat. L., 39, c. 35; 2 
Supp., 449. 2 Feb., 
1899, 30 Stat. L„ 814, 
C. 83; 2 Supp., 939. 7 
Feb., 1900, 31 Stat. L., 
5, c. 10; 2 Supp., 1114, 
24 May, 1900, 31 Stat. 
L., 183, c. 549: 2 Supp., 
1173. 19 Jan., 1901, 31 
Stat. L., 735, c. 102; 2 
Supp., 1460. 28 Apr., 
1904, 33 Stat. L., 545, 
c. 1797. 18 June, 1906. 
34 Stat. L., 298, c.3341, 
8 Feb., 1907,34 Stat. L„ 
882, c. 895. 1 Feb., 
1909, 35 Stat. L., 591, c. 
54. 13 Feb., 1909, 35 
Stat. L., 618, C. 112. 


the territory embraced on the date last mentioned in the counties of 
Bennett, Butte, Custer, Fall River, Harding, Lawrence, Meade, 
Mellette, Pennington, Perkins, Shannon, Todd, Tripp. Washabaugh, 
and Washington, and in the Rosebud and Pine Ridge Indian reser¬ 
vations, shall constitute the western division. Terms of the district 
court for the southern division shall be held at Sioux Falls on the 
first Tuesday in April and the third Tuesday in October; for the 
northern division, at Aberdeen on the first Tuesday in May and the 
second Tuesday in November; for the central division, at Pierre on 
the second Tuesday in June and the first Tuesday in October; and 
for the western division, at Deadwood on the third Tuesday in May 
and the first Tuesday in September. The clerk of the district court 
shall maintain an office in charge of himself or a deputy at Sioux 
Falls, at Pierre, at Aberdeen, and at Deadwood, which shall be kept 
open for the transaction of business of the court. 

Sec. 107. The State of Tennessee is divided into three districts, 
to be known as the eastern, middle, and western districts of Ten¬ 
nessee. The eastern district shall include the territory embraced on the 
first day of July, nineteen hundred and ten, in the counties of Bled¬ 
soe, Bradley, Hamilton, James, McMinn, Marion, Meigs, Polk, Rhea, 
and Sequatchie, which shall constitute the southern division of said 
district; also the territory embraced on the date last mentioned in the 
counties of Anderson, Blount, Campbell, Claiborne, Grainger, Jef¬ 
ferson, Knox, Loudon, Monroe, Morgan, Roane, Sevier, Scott, and 
Union, which shall constitute the northern division of said district; 
also the territory embraced on the date last mentioned in the counties 
of Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, 
Sullivan, Unicoi, and Washington, which shall constitute the north¬ 
eastern division of said district. Terms of the district court for the 
southern division of said district shall be held at Chattanooga on the 
fourth Mondays in May and November; for the northern division, at 
Knoxville on the first Mondays in January and July; and for the 
northeastern division, at Greeneville on the last Mondays in March and 
September. The middle district shall include the territory embraced 
on the first day of July, nineteen hundred and ten, in the counties of 
Bedford, Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, 
Giles, Grundy, Hickman, Humphreys, Houston, Lawrence, Lewis, 
Lincoln, Marshall, Maury, Montgomery, Moore, Robertson, Ruther¬ 
ford, Stewart, Sumner, Trousdale, Warren, Wayne, Williamson, and 
Wilson, which shall constitute the Nashville division of said district; 
also the territory embraced on the date last mentioned in the counties 
of Clay, Cumberland, De Kalb, Fentress, Jackson, Macon, Overton, 
Pickett, Putnam, Smith, Van Buren, and White, which shall consti¬ 
tute the northeastern division of said district. Terms of the district 
court for the Nashville division of said district shall be held at Nash¬ 
ville on the second Mondays in April and October; and for the north¬ 
eastern division, at Cookeville on the second Mondays in May and No¬ 
vember : Provided , That suitable accommodations for holding court at 
Cookeville shall be provided by the county or municipal authorities 
without expense to the United States. The western district shall 
include the territory embraced on the first day of July, nineteen 
hundred and ten, in the counties of Dyer, Fayette, Haywood, Lauder¬ 
dale, Shelby, and Tipton, which shall constitute the western division 
of said district; also the territory embraced on the date last mentioned 
in the counties of Benton, Carroll, Chester, Crockett, Decatur, 
Gibson, Hardeman, Hardin, Henderson, Henry, Lake, McNairy, 
Madison, Obion, Perry, and Weakley, including the waters of the 
Tennessee River, to low water mark on the eastern shore thereof 
wherever such river forms the boundary line between the western 
and middle districts of Tennessee, from the north line of the State of 
Alabama north to the point in Henry county, Tennessee, where the 
south boundary line of the State of Kentucky strikes the west bank 



THE JUDICIARY.^Ch. 5. 


47 


of the river, which shall constitute the eastern division of said dis¬ 
trict. Terms of the district court for the western division of said 
district shall be held at Memphis on the fourth Mondays in May 
and November; and for the eastern division, at Jackson on the fourth 
Mondays in April and October. The clerk of the court for the 
western district shall appoint a deputy who shall reside at Jackson. 
The marshal for the western district shall appoint a deputy who shall 
reside at Jackson. The marshal for the eastern district shall appoint 
a deputy who shall reside at Chattanooga. The clerk of the court 
for the eastern district shall maintain an office in charge of himself 
or a deputy at Knoxville, at Chattanooga, and at Greeneville, which 
shall be kept open at all times for the transaction of the business 
of the court. 

Sec. 108. The State of Texas is divided into four districts, to be 
known as the northern, eastern, western, and southern districts of 
Texas. The northern district shall include the territory embraced on 
the first day of July, nineteen hundred and ten, in the counties of 
Dallas, Ellis, Hunt, Johnson, Kaufman, Navarro, and Rockwall, 
which shall constitute the Dallas division; also the territory embraced 
on the date last mentioned in the counties of Archer, Baylor, Clay, 
Comanche, Erath, Foard, Hardeman, Hood, Jack, Palo Pinto, Par¬ 
ker, Tarrant, Wichita, Wilbarger, Wise, and Young, which shall 
constitute the Fort Worth division; also the territory embraced 
on the date last mentioned in the counties of Armstrong, Bailey, 
Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cot¬ 
tle, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Gray, Hale, 
Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, King, 
Lamb, Lipscomb. Lubbock, Moore, Motley, Ochiltree, Oldham, Par¬ 
mer, Potter, Randall, Roberts, Sherman, Swisher, and Wheeler, which 
shall constitute the Amarillo division; also the territory embraced on 
the date last mentioned in the counties of Andrews, Borden, Callahan, 
Dawson, Eastland, Fisher, Gaines, Garza, Haskell, Howard, Jones, 
Kent, Knox, Lynn, Martin, Midland, Mitchell, Nolan, Scurry, Shackel¬ 
ford, Stephens, Stonewall, Taylor, Terry, Throckmorton, and Yoa¬ 
kum, which shall constitute the Abilene division; also the territory 
embraced on the date last mentioned in the counties of Brown, Coke, 
Coleman, Concho, Crockett, Glasscock, Irion, Menard, Mills, Runnels, 
Schleicher, Sterling, Sutton, Tom Green, and Upton, which shall 
constitute the San Angelo division of the said district. Terms of the 
district court for the Dallas division shall be held at Dallas on the 
second Monday in January and the first Monday in May; for the Fort 
Worth division, at Fort Worth on the first Monday in November and 
the second Monday in March; for the Amarillo division, at Amarillo 
on the third Monday in April and the fourth Monday in September; 
for the Abilene division, at Abilene on the first Monday in October 
and the second Monday in April; and for the San Angelo division, 
at San Angelo on the third Monday in October and the fourth Mon¬ 
day in April. The clerk of the court for the northern district shall 
maintain an office in charge of himself or a deputy at Dallas, at 
Fort Worth, at Amarillo, at Abilene, and at San Angelo, which 
shall be kept open at all times for the transaction of the business of 
the court. The eastern district shall include the territory embraced 
on the first day of July, nineteen hundred and ten, in the counties 
of Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, 
Nacogdoches, Panola, Rains, Rusk, Smith, Van Zandt, and Wood, 
which shall constitute the Tyler division; also the territory embraced 
on the date last mentioned in the counties of Hardin, Jasper, Jeffer¬ 
son, Liberty, Newton, Orange, Sabine, San Augustine, Shelby, and 
Tyler, which shall constitute the Beaumont division; also the territory 
embraced on the date last mentioned in the counties of Collin, Cook, 
Denton, Grayson, and Montague, which shall constitute the Sherman 
division; also the territory embraced on the date last mentioned in the 


Texas. 


R. S., ss. 548, 572. 

24 Feb., 1879. 20 Stat. 
L., 318, C. 97; 1 Supp., 
217. 

11 June,1879,21 Stat. 
L., 10, c. 18; 1 Supp., 
265. 

14 June, 1880,21 Stat. 
L., 198, c. 213; 1 Supp., 
297. 

3 June, 1884, 23 Stat. 
L., 35, c. 64; 1 Supp., 

438. 

20 J une, 1884,23 Stat. 
L., 48, c. 102; 1 Supp., 

439. 

1 Mar., 1889, 25 Stat. 
L., 786, c. 333,88.17,18, 
19; 1 Supp., 674. 

4 Feb., 1890, 26 Stat. 
L., 3, c. 5; 1 Supp., 703. 

7 Apr., 1892, 27 Stat. 
L.,15, c.39; 2 Supp.,8. 

11 June, 18%, 29 Stat. 
L., 456, C. 422; 2 Supp., 
527. 

8 Feb., 1897, 29 Stat. 
L., 516, c. 178; 2 Supp., 
547. 

2 Feb., 1899, 30 Stat. 
L., 812, c. 81; 2 Supp., 
938. 

2 Mar., 1899, 30 Stat. 
L., 1002, c.393; 2 Supp., 
969 

10 Feb., 1900,31 Stat. 
L„ 27, c. 16; 2 Supp., 
1116. 

12 Apr., 1900,31 Stat. 
L., 74, c. 186; 2 Supp., 
1127. 

26 May, 1900, 31 Stat. 
L., 218, c. 590; 2 Supp., 
1178. 

19 Feb., 1901,31 Stat. 
L., 798, c. 382; 2 Supp., 
1486. 

3 Mar., 1901, 31 Stat. 
L.,1458,c.881; 2 Supp., 
1815. 

11 Mar., 1902,32 Stat. 
L., 64, c. 183. 

30 Jan., 1903,32 Stat. 
L., 785, C. 337. 

9 Feb., 1903, 32 Stat. 
L., 820, c. 532. 

2 Mar., 1903, 32 Stat. 
L., 926, c. 974. 

21 Jan., 1905,33 Stat. 
L., 612, c. 52. 

18 Apr., 1906,34 Stat. 
L., 121, c. 1636. 

9 June, 1906. 34 Stat. 
L., 226, c. 3063. 

14 Feb., 1908,35Stat. 
L., 8, c. 24. 

21 Feb., 1908, 35Stat. 
L., 34, c. 33. 

27 Mar., 1908, 35Stat. 
L., 50, c. 108. 

2 Mar., 1909, 35 Stat. 
L„ 687, c. 245. 


U. S. v. Texas, 162 
U.S.,1,68; Pacific Ry. 
Imp. Co. v. Metcalf, 
16 Fed. Rep., 7; Mex¬ 
ican Nat. Coal T. & I. 
Co. v. MacDonnell, 106 
Fed. Rep., 266. 




48 


THE JUDICIARY.—Ch. 5. 


counties of Camp, Cass, Harrison, Hopkins, Marion, Morris, and Up¬ 
shur, which shall constitute the Jefferson division; also the territory 
embraced on the date last mentioned in the counties of Delta, Fannin, 
Red River, and Lamar, which shall constitute the Paris division; also 
the territory embraced on the date last mentioned in the counties of 
Bowie, Franklin, and Titus, which shall constitute the Texarkana 
division. Terms of the district court for the Tyler division shall 
be held at Tyler on the fourth Mondays in January and April; for 
the Jefferson division, at Jefferson on the first Monday in October and 
the third Monday in February; for the Beaumont division, at Beau¬ 
mont on the third Monday in November and the first Monday in April; 
for the Sherman division, at Sherman on the first Monday in January 
and the third Monday in May; for the Paris division, at Paris on the 
third Monday in October and the first Monday in March; and for the 
Texarkana division, at Texarkana on the third Monday in March and 
the first Monday in November. The clerk of the court for the 
eastern district shall maintain an office in charge of himself or a 
deputy at Sherman, at Beaumont, and at Texarkana, which shall 
be kept open at all times for the transaction of the business of 
said court. The western district shall include the territory embraced 
on the first day of July, nineteen hundred and ten, in the counties 
of Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, 
Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, 
Washington, and Williamson, which shall constitute the Austin divi¬ 
sion; also the territory embraced on the date last mentioned in the 
counties of Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards. Frio, 
Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, and Wilson, 
which shall constitute the San Antonio division; also the territory em¬ 
braced on the date last mentioned in the counties of Brewster, Crane, 
Ector, El Paso, Jeff Davis, Loving, Reeves, Presidio, Ward, and 
Winkler, which shall constitute the El Paso division; also the territory 
embraced on the date last mentioned in the counties of Bell, Bosque, 
Coryell, Falls, Hamilton, Freestone, Hill, Leon, Limestone, McLen¬ 
nan, Milam, Robertson, and Somervell, which shall constitute the 
Waco division; also the territory embraced on the date last mentioned 
in the counties of Kinney, Maverick, Pecos, Terrell, Uvalde, Val verde, 
and Zavalla, which shall constitute the Del Rio division. Terms of 
the district court for the Austin division shall be held at Austin on 
the fourth Monday in January and the second Monday in June; for 
the Waco division, at Waco on the fourth Monday in February and 
the second Monday in November; for the San Antonio division, at San 
Antonio on the first Monday in May and the third Monday in Decem¬ 
ber ; for the El Paso division, at El Paso on the first Monday in April 
and the first Monday in October; and for the Del Rio division, at Del 
Rio on the third Monday in March and the fourth Monday in Octo¬ 
ber. The clerk of the court for the western district shall maintain an 
office in charge of himself or a deputy at Austin, at El Paso, and at 
Del Rio, which shall be kept open at all times for the transaction of 
business. The southern district shall include the territory embraced 
on the first of July, nineteen hundred and ten, in the counties of 
Duval, La Salle, McMullen, Nueces, Webb, and Zapata, which shall 
constitute the Laredo division; also the territory embraced on the 
date last mentioned in the counties of Cameron, Hidalgo, and Starr, 
which shall constitute the Brownsville division; also the territory 
embraced on the date last mentioned in the counties of Austin, Bra¬ 
zoria, Chambers, Galveston, Fort Bend, Matagorda, and Wharton, 
which shall constitute the Galveston division; also the territory em¬ 
braced, on the date last mentioned, in the counties of Brazos, Colo¬ 
rado, Fayette, Grimes, Harris, Lavaca, Madison, Montgomery, Polk, 
San Jacinto, Trinity, Walker, and Waller, which shall constitute the 
Houston division; also the territory embraced on the date last men¬ 
tioned, in the counties of Bee, Calhoun, Dewitt, Goliad, Jackson, 
Live Oak, Refugio, Aransas, San Patricio, and Victoria, which shall 


THE JUDICIARY.—Ch. 5. 


49 


constitute the Victoria division. Terms of the district court for the 
Galveston division shall be held at Galveston on the second Monday 
in January and the first Monday in June; for the Houston division, 
at Houston on the fourth Mondays in February and September; for 
the Laredo division, at Laredo on the third Monday in April and 
the second Monday in November; for the Brownsville division, at 
Brownsville on the second Monday in May and the first Monday in 
December; and for the Victoria division, at Victoria on the first 
Monday in May and the fourth Monday in November. The clerk 
of the court for the southern district shall maintain an office in 
charge of himself or a deputy at each of the places now designated 
for holding court in said district. 

Sec. 109. The State of Utah shall constitute one judicial district, to 
be known as the district of Utah. It is divided into two divisions, to 
be known as the northern and central divisions. The northern division 
shall include the territory embraced on the first day of July, nineteen 
hundred and ten, in the counties of Boxelder, Cache. Davis, Morgan, 
Rich, and Weber. The central division shall include the territory 
embraced on the date last mentioned in the counties of Beaver, Car¬ 
bon, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Piute, Salt 
Lake, San Juan, San Pete, Sevier, Summit, Tooele, Uinta, Utah, 
Wasatch, Washington, and Wayne. Terms of the district court for 
the northern division shall be held at Ogden on the second Mondays 
in March and September; and for the central division, at Salt Lake 
on the second Mondays in April and November. The clerk of the 
court for said district shall maintain an office in charge of himself 
or a deputy at each of the places where the court is now required to be 
held in the district. 

Sec. 110. The State of Vermont shall constitute one judicial dis¬ 
trict, to be known as the district of Vermont. Terms of the district 
court shall be held at Burlington on the fourth Tuesday in Feb¬ 
ruary; at Windsor on the third Tuesday in May; at Rutland on the 
first Tuesday in October, and at Brattleboro on the third Tuesday in 
December. In each year one of the stated terms of the district court 
may, when adjourned, be adjourned to meet at Montpelier, and one 
at Newport: Provided , however , That suitable rooms and accommo¬ 
dations shall be furnished for the holding of said court and for the 
use of the officers of said court at Brattleboro, free of expense to the 
Government of the United States until the public building provided 
for by act of Congress shall be erected. 

Sec. 111. The State of Virginia is divided into two districts, 
to be known as the eastern and western districts of Virginia. 
The eastern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Accomac, 
Alexandria, Amelia, Brunswick, Caroline, Charles City, Chesterfield, 
Culpeper, Dinwiddie, Elizabeth City, Essex, Fairfax, Fauquier, 
Gloucester, Goochland, Greensville, Hanover, Henrico, Isle of ight, 
James City, King and Queen, King George, King William, Lancaster, 
Loudoun, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, 
Nansemond, New Kent, Norfolk, Northampton, Northumberland, 
Nottoway, Orange, Powhatan, Prince Edward, Prince George, Prince 
William, Princess Anne, Richmond, Southampton, Spottsvlvania, 
Stafford, Surry, Sussex, Warwick, Westmoreland, and York. Terms 
of the district court shall be held at Richmond on the first Mondays 
in April and October; at Norfolk on the first Mondays in May and 
November; and at Alexandria on the first Mondays in January and 
July. The western district shall include the territory embraced on the 
first day of July, nineteen hundred and ten, in the counties of Alle- 
ghanv, Albemarle. Amherst, Appomattox, Augusta, Bath, Bedford, 
BlancI, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Char¬ 
lotte, Clarke, Craig, Cumberland, Dickenson, Floyd, Fluvanna. 
Franklin, Frederick, Giles, Grayson, Greene, Halifax," Henry, High¬ 
land, Lee, Madison, Montgomery, Nelson, Page, Patrick, Pulaski, 


Utah. 


16 July, 1894,28 Stat. 
L., 110, e. 138, ss. 14,15; 
2 Supp., 200. 

2 Mar., 1897, 29 Stat. 
L., 620, c. 366; 2 Supp., 
576. 

19 Feb., 1903,32 Stat. 
L., 841, c. 706. 


Vermont. 


R. S., ss. 531, 572,807. 
5 June, 1874,18 Stat. 
L., 53, c. 214; 1 Supp., 
10 . 

3 July, 1894, 28 Stat. 
L., 99, c. 123; 2 Supp., 
193. 

22 Apr., 1904, 33Stat. 
L„ 249, c. 1419. 

1 Feb., 1912, 37 Stat. 
L.,-, c.-. 


Virginia. 


R. S., ss. 549, 572, 622. 
25 Sept., 1890,26 Stat. 
L.. 474, c. 922; 1 Supp., 
806. 

3 Mar., 1899, 30 Stat. 
L.. 1368, C. 452; 2 Supp., 
1104. 

18 Apr.,1900, 31 Stat. 
L., 136, c. 245; 2 Supp., 
1140. 

3 Feb., 1903, 32 Stat. 
L„ 794. c. 398. 

22 Apr., 1904,33Stat. 
L., 249, c. 1421. 

28 June, 1906,34 Stat. 
L., 546, c. 3576. 

3 Apr., 1908, 35 Stat. 
L„ 57, c. 131. 





50 


THE JUDICIARY.—Ch. 5. 


Washington. 


22 Feb., 1889,25 Stat. 
L.,682, c.180, ss. 21,22, 
23; 1 Supp., 649. 

6 Apr., 1890, 26 Stat. 
L., 45 c. 65: 1 Supp., 
711. 

2 Mar., 1905, 33 Stat. 
L., 824, c. 1305. 

20 Feb., 1907, 34Stat. 
L., 913, c. 1139. 

2 Mar., 1909, 35 Stat. 
L„ 686, C. 243, s. 2. 


West Virginia. 


R. S., ss. 631,572. 

22 July, 1892, 27 Stat. 
L., 254, c. 227 ; 2 Supp., 
42. 

22 Jan., 1901,31 Stat. 
L.,736, c. 105; 2 Supp., 
1460. 

4 June, 1902, 32 Stat. 
L„ 304, c. 989. 

31 Jan., 1903,32 Stat. 
L., 791, c. 346. 

24 Feb., 1904,33 Stat. 
L., 50, c. 163. 

28 Apr., 1904,33 Stat. 
L., 548, e. 1802. 

11 Feb., 1907, 34 Stat. 
L., 890, c. 920. 

2 Mar., 1911. 36 Stat. 
L., 1013, c. 197. 


Pittsylvania, Rappahannock, Roanoke, Rockbridge, Rockingham, 
Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, 
Wise, and Wythe. Terms of the district court shall be held at 
Lynchburg on the Tuesdays after the second Mondays in March and 
September; at Danville on the Tuesdays after the second Mondays in 
April and November; at Abingdon on the Tuesdays after the first 
Mondays in May and October; at Harrisonburg on the Tuesdays 
after the first Mondays in June and December; at Charlottesville on 
the second Monday in January and the first Monday in July; at Roa¬ 
noke on the third Monday in February and the third Monday in 
June; and at Bigstone Gap on the fourth Monday in January and 
the second Monday in August. The clerk of the court for the western 
district shall maintain an office in charge of himself or a deputy at 
Lynchburg, at Danville, at Charlottesville, at Roanoke, at Abingdon, 
and at Big Stone Gap, which shall be kept open at all times for the 
transaction of the business of the court. 

Sec. 112. The State of Washington is divided into two districts, 
to be known as the eastern and western districts of Washington. The 
eastern district shall include the territory embraced on the first day of 
July, nineteen hundred and ten, in the counties of Spokane, Stevens, 
Ferry, Okanogan, Chelan, Grant, Douglas, Lincoln, and Adams, with 
the waters thereof, including all Indian reservations within said 
counties, which shall constitute the northern division; also the terri¬ 
tory embraced on the date last mentioned in the counties of Asotin, 
Garfield, Whitman, Columbia, Franklin, Walla Walla, Benton, Klick¬ 
itat, Kittitas, and Yakima, with the waters thereof, including all 
Indian reservations within said counties,, which shall constitute the 
southern division of said district. Terms of the district court for the 
northern division, shall be held at Spokane on the first Tuesdays 
in April and September; for the southern division, at Walla Walla 
on the first Tuesdays in June and December, and at North Yakima 
on the first Tuesdays in May and October. The western district 
shall include the territory embraced on the first day of July, nineteen 
hundred and ten, in the counties of Whatcom, Skagit, Snohomish, 
King, San Juan, Island, Kitsap, Clallam, and Jefferson, with the 
waters thereof, including all Indian reservations within said coun¬ 
ties, which shall constitute the northern division; also the territory 
embraced on the date last mentioned in the counties of Pierce, Mason, 
Thurston, Chehalis, Pacific, Lewis, Wahkiakum, Cowlitz, Clarke, and 
Skamania, with the waters thereof, including all Indian reservations 
within said counties, which shall constitute the southern division of 
said district. Terms of the district court for the northern division 
shall be held at Bellingham on the first Tuesdays in April and 
October; at Seattle on the first Tuesdays in May and November; and 
for the southern division, at Tacoma on the first Tuesdays in Feb¬ 
ruary and July. The clerks of the courts for the eastern and western 
districts shall maintain an office in charge of himself or a deputy at 
each place in their respective districts where terms of court are now 
required to be held. 

Sec. 113. The State of West Virginia is divided into two districts, 
to be known as the northern and southern districts of West Vir¬ 
ginia. The northern district shall include the territory embraced on 
the first day of July, nineteen hundred and ten, in the counties of 
Hancock, Brooke, Ohio, Marshall, Tyler, Pleasants, Wood, Wirt, 
Ritchie, Doddridge, Wetzel, Monongalia, Marion, Harrison, Lewis, 
Gilmer, Calhoun, Upshur, Barbour, Taylor, Preston, Tucker, Ran¬ 
dolph. Pendleton, Hardy, Grant, Mineral, Hampshire, Morgan, 
Berkeley, and Jefferson, with the waters thereof. Terms of the 
district court for the northern district shall be held at Martinsburg, 
the first Tuesday of April and the third Tuesday of September; at 
Clarksburg, the second Tuesday of April and the first Tuesday of 
October; at Wheeling, the first Tuesday of May and the third Tues- 




THE JUDICIARY.— Ch. 5. 


51 


day of October; at Philippi, the fourth Tuesday of May and first 
Tuesday of November; at Parkersburg, the second Tuesday of Janu¬ 
ary and second Tuesday of June: Provided, That a place for hold¬ 
ing court at Philippi shall be furnished the Government free of cost 
by Barbour county until other provision is made therefor by law. 
The southern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Jackson, 
Roane, Clay, Braxton, Webster, Nicholas, Pocahontas, Greenbrier, 
Fayette, Boone, Kanawha, Putnam, Mason, Cabell, Wayne, Lin¬ 
coln, Logan, Mingo, Raleigh, Wyoming, McDowell, Mercer, Sum¬ 
mers, and Monroe, with the waters thereof. Terms of the district 
court for the southern district shall be held at Charleston on the first 
Tuesday in June and the third Tuesday in November; at Huntington 
on the first Tuesday in April and the first Tuesday after the third 
Monday in September; at Bluefield on the first Tuesday in May and 
the third Tuesday in October; at Addison on the first Monday in 
September; and at Lewisburg on the second Tuesday in February: 
Provided, That accommodations for holding court at Addison shall 
be furnished without cost to the United States. 

Sec. 114. The State of Wisconsin is divided into two districts, 
to be known as the eastern and western districts of Wisconsin. 
The eastern district shall include the territory embraced on the first 
day of July, nineteen hundred and ten, in the counties of Brown, Cal¬ 
umet, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, 
Kenosha, Kewaunee, Langlade, Manitowoc, Marinette, Marquette, 
Milwaukee, Oconto, Outagamie, Ozaukee, Racine, Shawano, Sheboy¬ 
gan, Walworth, Washington, Waukesha, Waupaca, Waushara, and 
Winnebago. Terms of the district court for said district shall be 
held at Milwaukee on the first Mondays in January and October; at 
Oshkosh on the second Tuesday in June; and at Green Bay on the 
first Tuesday in April. The western district shall include the terri¬ 
tory embraced on the first day of July, nineteen hundred and ten, in 
the counties of Adams, Ashland, Barron, Bayfield, Buffalo, Burnett, 
Chippewa, Clark, Columbia, Crawford, Dane, Dunn, Douglas, Eau 
Claire, Grant, Green, Iowa, Iron, Jackson, Jefferson, Juneau, La 
Crosse, Lafayette, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce. 
Polk, Portage, Price, Richland, Rock, Rusk, Saint Croix, Sauk, 
Sawyer, Taylor, Trempealeau, Vernon, Vilas, Washburn, and Wood. 
Terms of the district court for said district shall be held at Madison 
on the first Tuesday in December; at Eau Claire on the first Tuesday 
in June; at La Crosse on the third Tuesday in September; and at 
Superior on the fourth Tuesday in January and the second Tuesday 
in July. The district courts for each of said districts shall be open 
at all times for the purpose of hearing and deciding causes of admi¬ 
ralty and maritime jurisdiction, so far as the same can be done with¬ 
out a jury. The clerk of the court for the western district shall main¬ 
tain an office in charge of himself or a deputy at Madison, at La Crosse, 
and at Superior, which shall be kept open at all times for the trans¬ 
action of the business of the court. The marshal for the western 
district shall appoint a deputy marshal who shall reside and keep 
his office at Superior. All writs and other process, except criminal 
warrants, issued at Superior, may be made returnable at Superior; 
and the clerk at that place shall keep in his office the original records 
of all actions, prosecutions, and special proceedings so commenced 
and pending therein. Criminal warrants may be returned at any 
place within the district where court is held. Whenever warrants 
issued at Superior shall be returned at any other place, the clerk 
of the court wherein the warrant is returned, shall certify the same, 
under the seal of the court, together with the plea and other pro¬ 
ceedings had thereon, and the determination of the court upon such 


Wisconsin. 


R.S., ss. 550,572,576. 
16 June, 1874,18Stat. 
L., 75, c. 286; 1 Supp., 
14. 

5 Aug., 1886, 24 Stat. 
L., 337, c. 932; lSupp., 
515. 

31 Mar., 1892,27 Stat. 
L., 12, c. 28; 2 Supp., 5. 

26 May, 1900,31 Stat. 
L., 219,c. 591; 2 Supp., 
1179. 

28 Mar., 1904,33 Stat. 
L., 152, c. 849. 

25 Feb., 1909,35 Stat. 
L., 647, C. 192.. 



52 


THE JUDICIARY.— Chs. 5-6. 


Wyoming. 


10 July, 1890,26 Stat. 
L., 228, c. 664, s. 16; 1 
Supp., 770. 

23 May, 1892,27 Stat. 
L.,39,c.77; 2Supp.,22. 

5 July, 1892, 27 Stat. 
L., 72, e. 145, s. 8; 2 
Supp., 29. 

7 May, 1894, 28 Stat. 
L., 73, c. 72; 2 Supp., 
183 

13 Apr. 1906, 34 Stat. 
L„ 111, c. 1619. 

6 Mar., 1908, 35 Stat. 
L., 37, c. 56. 


Circuits. 


R. S., s. 604. 

26 June, 1876,19 Stat. 
L., 61, C. 147; 1 Supp., 
106. 22 Feb., 1889, 25 
Stat. L., 682, c. 180, s. 
21; 1 Supp., 649. 3 
July, 1890, 26 Stat. L., 
217, C. 656, S. 16; 1 
Supp., 767. 10 July, 
1890, 26 Stat. L„ 225 c. 
664, s. 16; 1 Supp., 770. 
3 Mar., 1891, 26 Stat. 
L„ 830, C. 517, s. 13; 1 
Supp., 905. 16 July, 
1894, 28 Stat. L..110, c. 
138, 8. 14; 2 Supp., 200. 
16 June, 1906. 34 Stat. 
L„ 275, c. 3335. s. 13. 
The Coquitlam v, 
U. S. 163 U. S., 346. 


plea or proceedings, with all papers and orders filed in reference 
thereto, to the clerk of the court at Superior; and the clerk at Supe¬ 
rior shall enter upon his records a minute of the proceedings had upon 
the return of said warrant, certified as aforesaid. All causes and 
proceedings instituted in the court at Superior, shall be tried therein, 
unless by consent of the parties, or upon the order of the court, they 
are transferred to another place for trial. 

Sec. 115. The State of Wyoming and the Yellowstone National 
Park shall constitute one judicial district, to be known as the district 
of Wyoming. Terms of the district court for said district shall be 
held at Cheyenne on the second Mondays in May and November; at 
Evanston on the second Tuesday in July; at Lander on the first 
Monday in October; and the said court shall hold one session an¬ 
nually at Sheridan, and in said national park, at such dates as the 
court may order. The marshal and clerk of the said court shall each, 
respectively, appoint at least one deputy to reside at Evanston, and 
one to reside at Lander, unless he himself shall reside there, and shall 
also maintain an office at each of those places: Provided , That until 
a public building is provided at Lander, suitable accommodations for 
holding court in said town shall be furnished the Government at an 
expense not to exceed three hundred dollars annually. The marshal 
of the United States for the said district may appoint one or more 
deputy marshals for the Yellowstone National Park, who shall re¬ 
side in said park. 


CHAPTER SIX. 

CIRCUIT COURTS OF APPEALS. 


Sec. 

116. Circuits. 

117. Circuit courts of appeals. 

118. Circuit judges. 

119. Allotment of justices to the cir¬ 

cuits. 

120. Chief justice and associate jus¬ 

tices of Supreme Court, and 
district judges, may sit in cir¬ 
cuit court of appeals. 

121. Justices allotted to circuits, how 

designated. 

122. Seals, forms of process, and rules. 

123. Marshals. 

124. Clerks. 

125. Deputy clerks; appointment and 

removal. 

126. Terms. 

127. Rooms for court, how provided. 


Sec. 

128. Jurisdiction ; when judgment final. 

129. Appeals in proceedings for in¬ 

junctions and receivers. 

I 130. Appellate and supervisory juris¬ 
diction under the bankrupt act. 

131. Appeals from the United States 
court for China. 

; 132. Allowance of appeals, etc. 

! 133. Writs of error and appeals from 
the supreme courts of Arizona 
and New Mexico. 

134. Writs of error and appeals from 
district court for Alaska to cir¬ 
cuit court of appeals for ninth 
circuit. 

i 135. Appeals and writs of error from 
Alaska; where heard. 


Sec. 116. There shall be nine judicial circuits of the United States, 
constituted as follows: 

First. The first circuit shall include the districts of Rhode Island, 
Massachusetts, New Hampshire, and Maine. 

Second. The second circuit shall include the districts of Vermont, 
Connecticut, and New York. 

Third. The third circuit shall include the districts of Pennsylvania, 
New Jersey, and Delaware. 

Fourth. The fourth circuit shall include the districts of Maryland, 
Virginia, West Virginia, North Carolina, and South Carolina. 

Fifth. The fifth circuit shall include the districts of Georgia, Flor¬ 
ida, Alabama, Mississippi, Louisiana, and Texas. 

Sixth. The sixth circuit shall include the districts of Ohio, Michi¬ 
gan, Kentucky, and Tennessee. 







THE JUDICIARY.— Ch. 6. 


53 


Seventh. The seventh circuit shall include the districts of Indiana, 
Illinois, and Wisconsin. 

Eighth. The eighth circuit shall include the districts of Nebraska, 
Minnesota, Iowa, Missouri, Kansas, Arkansas. Colorado, Wyoming, 
North Dakota, South Dakota, Utah, and Oklahoma. 

Ninth. The ninth circuit shall include the districts of California, 
Oregon, Nevada, Washington, Idaho, Montana, and Hawaii. 

Sec. 117. There shall be in each circuit a circuit court of appeals, 
which shall consist of three judges, of whom two shall constitute a 
quorum, and which shall be a court of record, with appellate juris¬ 
diction, as hereinafter limited and established. 

Sec. 118. There shall be in the second, seventh, and eighth circuits, 
respectively, four circuit judges; in the fourth circuit, two circuit 
judges; and in each of the otner circuits, three circuit judges, to be 
appointed by the President, by and with the advice and consent of the 
Senate. They shall be entitled to receive a salary at the rate of seven 
thousand dollars a year each, payable monthly. Each circuit judge 
shall reside within his circuit. The circuit judges in each circuit 
shall be judges of the circuit court of appeals in that circuit, and it 
shall be the duty of each circuit judge in each circuit to sit as one of 
the judges of the circuit court of appeals in that circuit from time to 
time according to law: Provided , That nothing in this section shall 
be construed to prevent any circuit judge holding district court or 
serving in the Commerce Court, or otherwise, as provided for and 
authorized in other sections of this act. 

791, c. 345. 21 Jan., 1905, 33 Stat. L„ 611, c. 51. 3 Mar., 1905, 33 Stat. L., 992, c. 

Stat. L.,-, c. ■-. 

Sec. 119. The Chief Justice and associate justices of the Supreme 
Court shall be allotted among the circuits by an order of the court, 
and a new allotment shall be made whenever it becomes necessary or 
convenient by reason of the alteration of any circuit, or of the new 
appointment of a Chief Justice or associate justice, or otherwise. 
If a new allotment becomes necessary at any other time than during 
a term, it shall be made by the Chief Justice, and shall be binding 
until the next term and until a new allotment by the court. When¬ 
ever, by reason of death or resignation, no justice is allotted to a 
circuit, the Chief Justice may, until a justice is regularly allotted 
thereto, temporarily assign a justice of another circuit to such circuit. 

Sec. 120. The Chief Justice and the associate justices of the 
Supreme Court assigned to each circuit, and the several district 
judges within each circuit, shall be competent to sit as judges of the 
circuit court of appeals within their respective circuits. In case 
the Chief Justice or an associate justice of the Supreme Court shall 
attend at any session of the circuit* court of appeals, he shall preside. 
In the absence of such Chief Justice, or associate justice, the circuit 
judges in attendance upon the court shall preside in the order of the 
seniority of their respective commissions. In case the full court at 
any time shall not be made up by the attendance of the Chief Justice 
or the associate justice, and the circuit judges, one or more district 
judges within the circuit shall sit in the court according to 
such order or provision among the district judges as either by general 
or particular assignment shall be designated by the court: Provided , 
That no judge before whom a cause or question may have been tried 
or heard in a district court, or existing circuit court, shall sit on the 
trial or hearing of such cause or question in the circuit court of 
appeals. 


Circuit courts. 


R. S., s. 608. 

3 Mar., 1891, 26 Stat. 
L., 826, c. 517, s. 2; 1 
Supp., 901. 

Circuit judges. 


R. S., s. 607. 

3 Mar., 1881, 21 Stat. 
L., 412, c. 130; 1 Supp., 
320. 3 Mar., 1887, 24 
Stat. L„ 492, c. 347; 1 
Supp., 558. 3 Mar., 

1891, 26 Stat. L., 826, c. 
517, s. 1; 1 Supp., 901. 
23 July, 1894, 28 Stat. 
L.,115, C. 147; 2 Supp., 
203. 8 Feb., 1895, 28 

Stat. L., 643, e. 59; 2 
Supp., 369. 18 Feb., 

1895, 28 Stat. L., 665, c. 
94; 2 Supp.; 376. 25 

Jan., 1899, 30 Stat. L., 
803, c. 56; 2 Supp., 936, 
23 Feb., 1899, 30 Stat. 
L., 846, c. 186; 2 Supp., 
943. 17 Apr., 1902, 32 
Stat. L., 106, c. 530. 31 
Jan., 1903, 32 Stat. L., 
1427. 13 Jan., 1912, 37 


Allotment of jus¬ 
tices to the circuits. 


R. S., s. 606. 


Stewart v. Laird, 1 
Cranch, 299. 


Chief Justice and as¬ 
sociate justices of Su¬ 
preme Court, and dis¬ 
trict judges, may sit 
in circuit court of ap¬ 
peals. 


3 Mar., 1891, 26 Stat. 
L., 827, c. 517, s. 3; 1 
Supp., 902. 







54 


THE JUDICIARY.— Ch. 6 . 


i 


Justices allotted to 
circuits, how desig¬ 
nated. 

R. 8., s. 605. 

Hudson v. Parker, 
156 U. 8., 277. 

Seals, forms of proc¬ 
ess, and rules. 


3 Mar., 1891, 26 Stat. 
L„ 8i6, c. 517, s. 2; 1 
Supp., 902. 


Florida v. Phosphate 
Co., 70 Fed. Rep., 336; 

U. 8. v. Severens, 71 
Fed. Rep., 768; World’s 
Columbian Exposition Co. v. France, 97 Fed. Rep., 483. 

Sec. 123. The United States marshals in and for the several dis¬ 
tricts of said courts shall be the marshals of said circuit courts of 
appeals, and shall exercise the same powers and perform the same 
duties, under the regulations of the court, as are exercised and per¬ 
formed by the marshal of the Supreme Court of the United States, 
so far as the same may be applicable. 

Sec. 124. Each court shall appoint a clerk, who shall exercise the 
same powers and perform the same duties in regard to all matters 
within its jurisdiction, as are exercised and performed by the clerk of 
the Supreme Court, so far as the same may be applicable. 

U. 8., 676; U. 8 . v. Harsha, 172 U. 8 ., 567. 

po?ntmtnt cl and : re- Sec. 125. The °l er k °f the circuit court of appeals for each circuit 

movai. _ may, with the approval of the court, appoint such number of deputy 

3 Feb., 1911 ,36 stat. clerks as the court may deem necessary. Such deputies may be re- 
l., 895 , c. 33. moved at the pleasure of the clerk appointing them, with the ap¬ 

proval of the court. In case of the death of the clerk his deputy or 
deputies shall, unless removed by the court, continue in office and 
perform the duties of the clerk in his name until a clerk is appointed 
and has qualified; and for the defaults or misfeasances in office of 
any such deputy, whether in the lifetime of the clerk or after his 
death, the clerk and his estate and the sureties on his official bond 
shall be liable, and his executor or administrator shall have such 
remedy for such defaults or misfeasances committed after his death 
as the clerk would be entitled to if the same had occurred in his 
lifetime. 

_ Terms - __ Sec. 126. A term shall be held annually by the circuit courts of 

L. 3 827, r 'c. 1 5 9 i7, 2 s. S 3 t f i a PP ea ls in the several judicial circuits at the following places, and at 
i 896 P 29 Stet l 3 i 77 *c’ suc h li mes as may be fixed by said courts, respectively: In the first 
252; ’2 supp., 477 . ’°9 circuit, in Boston; in the second circuit, in New York; in the third 
329 °c.^on. 32 MJunei circuit, in Philadelphia; in the fourth circuit, in Richmond; in the 
1333 32 8Dec L 'i9 5 02 8 , 3d ?fth circuit, in New Orleans, Atlanta, Fort Worth, and Montgomery; 
stat. l., 756 ,'c. 4. ’ 30 in the sixth circuit 2 in Cincinnati; in the seventh circuit, in Chicago; 
784 !'’c 1 . 903 ^ 32 4 ta Mar!! in the eighth circuit, in Saint Louis, Denver or Cheyenne, and Saint 
395 1 ’ -iTr L i904 9 ’3 C i T au l > i R the ninth circuit, in San Francisco, and each year in two 
stat. l., 249^c. 1420. other places in said circuit to be designated by the judges of said 
court; and in each of the above circuits, terms may be held at such 
other times and in such other places as said courts, respectively, may 
from time to time designate: Provided , That terms shall be held in 
Atlanta on the first Monday in October, in Fort Worth on the first 
Monday in November, in Montgomery on the third Monday in Octo¬ 
ber, in Denver or in Cheyenne on the first Monday in September, 
and in Saint Paul on the first Monday in May. All appeals, writs 
of error, and other appellate proceedings which may be taken or 
prosecuted from the district courts of the United States in the State 
of Georgia, in the State of Texas, and in the State of Alabama, to 


Marshals. 


3 Mar., 1891, 26 Stat. 
L., 826, c. 517, S. 2; 1 
Supp., 902. 

16 July, 1892, 27 Stat. 
L., 222, c. 1%; 2 Supp., 
40. 


In re Lyman, 55 Fed. 
Rep., 29; Morton v. 
U. S., 59 Fed. Rep., 349. 
Clerks. 


R. S„ s. 619. 

3 Mar., 1891, 26 Stat. 
L„ 826, e. 517, s. 2; 1 
Supp., 902. 


U. 8. v. King, 147 


Sec. 121. The words “ circuit justice ” and “ justice of a circuit,” 
when used in this title, shall be understood to designate the justice 
of the Supreme Court who is allotted to any circuit; but the word 
li judge,” when applied generally to any circuit, shall be understood 
to include such justice. 

Sec. 122. Each of said circuit courts of appeals shall prescribe the 
form and style of its seal, and the form of writs and other process 
and procedure as may be conformable to the exercise of its jurisdic¬ 
tion; and shall have power to establish all rules and regulations for 
the conduct of the business of the court within its jurisdiction as con¬ 
ferred by law. 












THE JUDICIARY.— Ch. 6. 


55 


the circuit court of appeals for the fifth judicial circuit shall be 
heard and disposed of, respectively, by said court at the terms held 
in Atlanta, in Fort Worth, and in Montgomery, except that appeals 
or writs of error in cases of injunctions and in all other cases which, 
under the statutes and rules, or in the opinion of the court, are 
entitled to be brought to a speedy hearing may be heard and dis¬ 
posed of wherever said court may be sitting. All appeals, writs of 
error, and other appellate proceedings which may hereafter be taken 
or prosecuted from the district court of the United States at Beau¬ 
mont, Texas, to the circuit court of appeals for the fifth circuit, shall 
be heard and disposed of by the said circuit court of appeals at the 
terms of court held in New Orleans, Louisiana: Provided , That 
nothing herein shall prevent the court from hearing appeals or writs 
of error wherever the said courts shall sit, in cases of injunctions and 
in all other cases which, under the statutes and the rules, or in the 
opinion of the court, are entitled to be brought to a speedy hearing. 

All appeals, writs of error, and other appellate proceedings which 
may be„ taken or prosecuted from the district courts of the United 
States in the States of Colorado, Utah, and Wyoming, and the su¬ 
preme court of the Territory of New Mexico to the circuit court of 
appeals for the eighth judicial circuit, shall be heard ancLdisposed 
of by said court at the terms held either in Denver or in Cheyenne, 
except that any case arising in any of said States or Terri¬ 
tory may, by consent of all the parties, be heard and disposed of at a 
term of said court other than the one held in Denver or Cheyenne. 

Sec. 127. The marshals for the several districts in which said cir- Rooms for court; 


cuit courts of appeals may be held shall, under the direction of the how P rovided - 


Jurisdiction; when 
judgment final. 

3 Mar., 1891, 26 Stat. 

s. 6: 1 


Attorney-General, and with his approval, provide such rooms in the L 3 ^ r ( ; 1 ^i- 2 g 6 ^at. 
public buildings of the United States as may be necessarj 7 for the suppAoi. 
business of said courts, and pay all incidental expenses of said court, in re Lyman, 55 Fed. 
including criers, bailiffs, and messengers: Provided , That in case s.® 59 |eid M Rep° n 349. U ' 
proper rooms can not be provided in such buildings, then the mar¬ 
shals, with the approval of the Attorney-General, may, from time 
to time, lease such rooms as may be necessary for such courts. 

Sec. 128 . The circuit courts of appeals shall exercise appellate 
jurisdiction to review by appeal or writ of error final decisions in the 
district courts, including the United States district court for Hawaii, L .“ kSTc. 11 In, 
in all cases other than those in which appeals and writs of error may '35 stat 

be taken direct to the Supreme Court, as provided in section two l„ 838, c. 269 ,’s. 1 . 
hundred and thirty-eight, unless otherwise provided by law; and, shutet-. Keyser, 149 
except as provided in sections two hundred and thirty-nine and two coni? m 4 c 0 C °!Turch,' 
hundred and forty, the judgments and decrees of the circuit courts iso u. eMa^|jTco rh i5? 
of appeals shall be final in all cases in which the jurisdiction is u. s >e m° U Rouse v. 
dependent entirely upon the opposite parties to the suit or contro- Banket 1 Ronciou't\ 7 . : 
versy being aliens and citizens of the United States, or citizens of dif- smith, i^il s.. m 
ferent States;, also in all cases arising under the patent laws, under Tei.'co., 159 u. s, 548; 

the copyright laws, under the revenue laws, and under the criminal ?5°9u e s. e 408; Gregory 

laws, and in admiralty cases. 643^Jones’, 

161 U. S., 691; Carey v. Houston & Texas R. Co., 161 U. S., 115; Rouse v. Hornsby, 161 U. S., 588; 
Press Pub. Co. v. Monroe, 164 U. S., 105; Columbia v. Cauca Co., 190 U. S., 524; U. S. v. Sutton, 47 Fed. 
Rep., 129; Louisville P. W. Co. v. Collector of Customs, 49 Fed. Rep., 561; The Mattano. 52 Fed. Rep., 
876; Aztee Mining Co. v. Ripley, 53 Fed. Rep., 7; Badaraceo v. Cerf., 53 Fed. Rep., 169; The Alijandro, 

66 Fed. Rep., 621; Scranton v. Wheeler, 57 Fed. Rep., 803; In re Briggs, 61 Fed. Rep., 498; Fishery. Simon. 

67 Fed. Rep., 387; Lau Ow Bew v. U. S., 144 U. S., 47; Ogden v. U. S., 148 U. S., 390; Aztee Min. Co. v. 

Ripley, 151 U. S., 79; U. S. v. Jahn, 155 U. S., 109; Davis v. Reinkin Mfg. Co. v. Barber, 157 U. S., 673; 

White v. Ewing, 159 U. S., 36; U. S. v. Harsha, 172 U. S., 567; The Paquete Habana, 175 U. S., 177; Good 
Shot v. U. S., 179 U. S., 87; Southern R. Co. v. Postal Tel. Cable Co., 179 U. S., 641; American Sug. Ref. 
Co. v. New Orleans, 181 U. S., 277; Florida & Cent. P. R. Co. v. Bell. 176 U. S., 321; The Pilot v. U. S. 
53 Fed. Rep., 11; U. S. v. Fowkes, 53 Fed. Rep., 13; Stokes v. U. S., 60 Fed. Rep., 597; B. & O. R. Co. v. 
Meyers, 62 Fed. Rep., 367; World’s Exposition Co. v. U. S.. 56 Fed. Rep., 781; Macon v. Georgia Pack¬ 
ing Co., 60 Fed. Rep., 781; King v. McLean Asylum, 64 Fed. Rep., 325; Shreve v. Cheesman, 69 Fed. 
Rep., 785; The Alliance, 70 Fed. Rep., 273; Rust v. United Water Works Co., 70 Fed. Rep., 129; U. S. v. 
Coudert, 73 Fed. Rep., 505; Coler v. Granger Co., 74 Fed. Rep., 16; Webb v. York, 74 Fed. Rep., 753; 
Merritt v. Steel Barge Co., 75 Fed. Rep., 813; Cent. Trust Co. v. Citizens R. Co., 83 Fed. Rep., 529; Pull¬ 
man P. C. Co.v. Cent. T. Co., 83 Fed. Rep., 1; Pauley Mfg. Co. v .Crawford County, 84 Fed. Rep., 942; The 
Annie Faxon, 87 Fed. Rep.,961; Wrightman v. Boone County, 88 Fed. Rep.,435; U. S. Freehold & L. E. Co. 
v. Gallegos, 89 Fed. Rep., 769; Re Aspinwall Estate, 90 Fed. Rep., 675; The Presto, 93 Fed. Rep.,522; Davis 
v. Burk, 97 Fed. Rep., 501; Hubinger v. Quincy R. Co., 98 Fed. Rep., 897; Pikes Peak Power Co. v. Col¬ 
orado Springs, 105 Fed. Rep., 1; Duncan v. Landis, 106 Fed. Rep., 839. See also cases cited to sec. 1293. 


64100—12-5 






56 


THE JUDICIARY.— Ch. 6. 


ings PP for ls injunctions Sec. 129. Where upon a hearing in equity in a district court, or by 
or receivers. a judge thereof in vacation, an injunction shall be granted, continued, 

3 Mar, 1891,26 stat refused, or dissolved by an interlocutory order or decree, or an appli- 
supp 28 904! 517,8 ‘ 1 cation to dissolve an injunction shall be refused, or an interlocutory 
l 18 666 eb " % 95 ^u Ut ' or( ^ er or decree shall be made appointing a receiver, an appeal may be 
376. 666 ’ c ' 9<5, 2 Supp " taken from such interlocutory order or decree granting, continuing, 
L. 6 e6o n c.’803^’2 3 supp!; refusing, dissolving, or refusing to dissolve, an injunction, or appoint- 
1445. ’ ing a receiver, to the circuit court of appeals, notwithstanding an 

l., 116, c. 1627. appeal in such case might, upon final decree under the statutes regu- 
in re Hawkins, pe- latmg the same, be taken directly to the Supreme Court : Provided, 
in^Httberman Mnf’ That the appeal must be taken within thirty days from the entry 
co., petitioner, 147 u.‘ of such order or decree, and it shall take precedence in the ap- 
can 62 i 5 ron m works, V i65 pellate court; and the proceedings in other respects in the court 
y- s -* 6 t 18; ^P u > d1 ^',?• below shall not be stayed unless otherwise ordered by that court, or 
ger co., 50 Fed. Rep., the appellate court, or a judge thereof, during the pendency of such 
^u B iS & p A c R c C o°; appeal: Provided , however , That the court below may, in its dis- 
mtmd' Re a twood iC 52 cretion, require as a condition of the appeal an additional bond. 

Fed. Rep., 10; Blount v . Soeiete Anonyme du Filtre, 53 Fed. Rep., 98; Pennsylvania Ins. Co. v. Jackson¬ 
ville, etc., R. Co., 55 Fed. Rep., 131; Robinson v. Belt, 56 Fed. Rep., 328; Cons. Piedmont CableCo. v. Pa¬ 
cific Cable R. Co., 58 Fed. Rep., 226; Florida Const. Co. v. Young, 59 Fed. Rep., 721; Robinson v. Wilming¬ 
ton,60 Fed. Rep., 469; Mason v. Georgia Packing Co., 60 Fed. Rep., 781; Dreutzerr Frankfort Land Co., 

65 Fed. Rep., 642; Harden v. Campbell Co., 67 Fed. Rep. 809; Lockwood v. Wickes, 75 Fed. Rep., 118; Ray- 
rnong v. Royal B. P. Co., 76 Fed. Rep., 465; Lake National Bank v. Wolfeborough S. Bank, 78 Fed. Rep., 

517; American Construction Co. v. Jacksonville T. and K. W. R. Co., 148 U. S., 372: Highland Ave. and 
B. R. Co. v. Columbian Equipment Co., 168 U. S., 627; Re Tampa Suburban R. Co., 177U. S., 178; Andrews 
v. Nat. F. and P. Works, 61 Fed. Rep., 782; Duplex P. P. Co. v. Campbell, 69 Fed. Rep., 250; Westerly v. 

Waterworks Co., 76 Fed. Rep., 467; Lake Street E.R. Co. v. Farmers L.&T. Co., 77 Fed. Rep., 769; Denver 
and R. G. R. Co. v. Walker, 78 Fed. Rep., 23; North Bloomfield G. M.Co.r. U.S., 83 Fed. Rep.,2; Carson v. 

Combe, 86 Fed. Rep., 202; Stafford v. King, 90 Fed. Rep., 136; Soeiete du Systeme Pasteur v. Allen, 90 
Fed. Rep., 815; Texas Mfg. Assn. v. Storroe, 92 Fed. Rep., 5; Illinois Cent. R. Co. v. Adams, 93 Fed. 

Rep., 892; Hires v. Consumers Co., 100 Fed. Rep.. 809; Columbia Wire Co. v. Boyce, 104 Fed. Rep., 172; 

Metatio Ex. Co. v. Brown, 104 Fed. Rep., 345; Omaha and S. W. R. Co. v. C. M. and St. P. R. Co., 106 
Fed. Rep., 586; Rowan v. Ide, 107 Fed. Rep., 161; Heinze v. B. and B. M. Co., 107 Fed. Rep., 165; 

American S. F. Co. v. Vaught, 108 Fed. Rep., 571; Berliner Gramaphone Co. v. Seaman, 108 Fed. Rep., 

714; Western Electrics. Electric Co., 108 Fed. Rep., 952; March v. Romare, 116 Fed. Rep., 354; Joseph 
Co. v. Hecht, 120 Fed. Rep., 360. 


peTvdsoryTurfsdfction Sec. 130. The circuit courts of appeals shall have the appellate 
under the bankrupt and supervisory jurisdiction conferred upon them by the Act enti- 

ac ‘ _ tied “An Act to establish a uniform system of bankruptcy throughout 

l 1 .^ 1 ^'54i 8 ss 0 24 ta 5‘ United States,” approved July first, eighteen hundred and ninety- 
buff’ °v. carter,’ 55 eight, and all laws amendatory thereof, and shall exercise the same 
Brigg Rup i’Fed. Rep! i n th e manner and under the regulations therein prescribed. 

498: Re Rouse-Hazzard Co., 91 Fed. Rep., 96; Re Abraham, 93 Fed. Rep., 767; Re Richards, 93 Fed. 

Rep., 935; Re Meyer, 98 Fed. Rep., 976; Re Russell, 101 Fed. Rep.. 248; Re Rosser, 101 Fed. Rep., 562: 

Re Curtis, 100 Fed. Rep., 784; Courier-Journal v. Shaeffer Meyer Co., 101 Fed. Rep., 799; In re Roche. 

101 Fed. Rep., 956; In re Eggert, 102 Fed. Rep., 735; Re Worcester, 102 Fed. Rep., 808; Re Adler. 103 
Fed. Rep., 444; Cunningham v. German Ins. Bank, 103 Fed. Rep., 932; Re Baker, 104 Fed. Rep., 287; 

U. S. v. Hammond, 104 Fed. llep., 862; Re Plotke, 104 Fed. Rep., 964; Steele v. Buel, 104 Fed. Rep., 

978; Re Shaffer, 104 Fed. Rep., 982; Re Ward, 104 Fed. Rep., 985; In re Seebold, 105 Fed. Rep., 910; 

In re Blair, 106 Fed. Rep., 662; Duncan v. Landis, 106 Fed. Rep., 839; Boonville Nat. Bank v. Blakey, 

107 Fed. Rep., 891. 


statS cou rtf or chi mu Sec. 131, The circuit court of appeals for the ninth circuit is em- 

R g y - powered to hear and determine writs of error and appeals from the 

30June, 1906 , 34 stat. United States court for China, as provided in the Act entitled “ An Act 
l., 8i4, c. 3934 . creating a United States court for China and prescribing the juris¬ 
diction thereof,” approved June thirtieth, nineteen hundred and six. 
Allowance of ap- Sec. 132. Any judge of a circuit court of appeals, in respect of 
cases brought or to be brought before that court, shall have the same 
L. 3 829, r 'c. 1 5i7,‘ 26 mi powers and duties as to allowances of appeals and writs of error, and 
supp.,’ 904 . the conditions of such allowances, as by law belong to the justices or 

l. and n. R. Co. v judges in respect of other courts of the United States, respectively. 

Behlmer, 169 U. S. 644 J 1 1 V J 

Tomanses v. Nutsing, 106 Fed. Rep., 775. 








THE JUDICIARY.— Ch. 6. 


57 


Sec. 133. The circuit courts of appeals, in cases in which their 
judgments and decrees are made final by this title, shall have appellate 
jurisdiction, by writ of error or appeal, to review the judgments, 
orders, and decrees of the supreme courts of Arizona and New Mexico, 
as by this title they may have to review the judgments, orders, and 
decrees of the district courts; and for that purpose said Territories 
shall, by orders of the Supreme Court of the United States, to be 
made from time to time, be assigned to particular circuits. 

Bardaracco v. Cetf., 53 Fed. Rep., 169; Folsom v. U. S., 160 U. S., 121; Crabtree v. 

426; Union. Cent. Ins. Co. v. Champion, 116 Fed. Rep., 868. 

Sec. 134. In all cases other than those in which a writ of error 
or appeal will lie direct to the Supreme Court of the United States 
as provided in section two hundred and forty-seven, in which the 
amount involved or the value of the subject-matter in controversy 
shall exceed five hundred dollars, and in all criminal cases, writs of 
error and appeals shall lie from the district court for Alaska or from 
any division thereof, to the circuit court of appeals for the ninth 
circuit, and the judgments, orders, and decrees of said court shall be 
final in all such cases. But whenever such circuit court of appeals 
may desire the instruction of the Supreme Court of the United States 
upon any question or proposition of law which shall have arisen in 
any such case, the court may certify such question or proposition to 
the Supreme Court, and thereupon the Supreme Court shall give its 
instruction upon the question or proposition certified to it, and its 
instructions shall be binding upon the circuit court of appeals. 

Sec. 135. All appeals, and writs of error, and other cases, coming 
from the district court for the district of Alaska to the circuit court of 
appeals for the ninth circuit, shall be entered upon the docket and 
heard at San Francisco, California, or at Portland, Oregon, or at 
Seattle, Washington, as the trial court before whom the case was tried 
below shall fix and determine: Provided , That at any time before the 
hearing of any appeal, writ of error, or other case, the parties thereto, 
through their respective attorneys, may stipulate at which of the 
above-named places the same shall be heard, in which case the case 
shall be remitted to and entered upon the docket at the place so stip¬ 
ulated and shall be heard there. 


Writs of error and 
appeals from the su¬ 
preme courts of Arizo¬ 
na and New Mexico. 


3 Mar., 1891, 26 Stat. 
L., 830, c. 517, s. 15; 1 
Supp., 905. 


Aztec Mining Co. v. 
Ripley, 151 U. S., 79; 
Str. Coquitlam v. U. S., 
163 U. S., 346; In re 
Boles, 48 Fed. Rep., 75; 
Madden, 54 Fed. Rep., 


Writs of error and 
appeals from district 
court for Alaska to cir¬ 
cuit court of appeals 
for ninth circuit. 


3 Mar., 1899, 80 Stat. 
L., 1307, c. 429, S. 202; 
2 Supp., 1061. 

6 June, 1900, 31 Stat. 
L., 414, c. 786, ss. 504, 
605; 2 Supp., 1289. 


Appeals and writs 
of error from Alaska; 
where heard. 


11 Jan., 1909,35 Stat. 
L., 685, c. 15. 






58 


THE JUDICIARY.— Ch. 7. 


Appointment, oath, 
and salary of judges. 


R. S., s. 1049. 

12 Feb., 1903, 32 Stat. 
L„ 825, c. 547. 


Seal. 


R. S., s. 1050. 
Session; quorum. 


R. S., s. 1052. 

23 June, 1874,18 Stat. 
L., 252, c. 468; 1 Supp., 
47. 


Belknap v. U. 8., 150 
U. S.. 588. 


Officers of the court. 


CHAPTER SEVEN. 


THE COURT OF CLAIMS. 


Sec. 

136. Appointment, oath, and salary of 

judges. 

137. Seal. 

138. Session; quorum. 

139. Officers of the court. 

140. Salaries of officers. 

141. Clerk’s bond. 

142. Contingent fund. 

143. Reports to Congress; copies for 

departments, etc. 

144. Members of Congress not to prac¬ 

tice in the court. 

145. Jurisdiction: 

Par. 1. Claims against the 
United States. 

2. Set-offs. 

3. Disbursing officers. 

146. Judgments for set-off or counter¬ 

claims; how enforced. 

147. Decree on accounts of disbursing 

officers. 

148. Claims referred by departments. 

149. Procedure in cases transmitted by 

departments. 

150. Judgments in cases transmitted 

by departments; how paid. 

151. Either House of Congress may 

refer claim to court. 

152. Costs may be allowed prevailing 

party. 

153. Claims growing out of treaties 

not cognizable therein. 

154. Claims pending in other courts. 

155. Aliens. 

156. All claims to be filed within six 

years; exceptions. 

157. Rules of practice; may punish 

contempts. 

158. Oaths and acknowledgments. 

159. Petitions and verification. 


Sec. 

160. Petition dismissed, when. 

161. Burden of proof and evidence as 

to loyalty. 

162. Claims for proceeds arising from 

sales of abandoned property. 

163. Commissioners to take testimony. 

164. Power to call upon departments 

for information. 

165. When testimony not to be taken. 

166. Examination of claimant. 

167. Testimony; where taken. 

168. Witnesses before commissioners. 

169. Cross-examination. 

170. Witnesses; how sworn. 

171. Fees of commissioners, by whom 

paid. 

172. Claims forfeited for fraud. 

173. Claims under act of June 16, 1874. 

174. New trial on motion of claimant. 

175. New trial on motion of United 

States. 

176. Cost of printing record. 

177. No interest on claims. 

178. Effect of payment of judgment. 

179. Final judgments a bar. 

180. Debtors to the United States may 

have amount due ascertained. 

181. Appeals. 

182. Appeals in Indian cases. 

153. Attorney General’s report to Con¬ 

gress. 

154. Loyalty a jurisdictional fact in 

certain cases. 

155. Attorney General to appear for 

the defense. 

186. Persons not to be excluded as 

witnesses on account of color or 
because of interest; plaintiff 
may be witness for Government. 

187. Reports of court to Congress. 


Sec. 136. The Court of Claims, established by the act of February 
twenty-fourth, eighteen hundred and fifty-five, shall be continued. 
It shall consist of a chief justice and four judges, who shall be ap¬ 
pointed by the President, by and with the advice and consent of the 
Senate, and hold their offices during good behavior. Each of them 
shall take an oath to support the Constitution of the United States, 
and to discharge faithfully the duties of his office. The chief justice 
shall be entitled to receive an annual salary of six thousand five hun¬ 
dred dollars, and each of the other judges an annual salary of six 
thousand dollars, payable monthly, from the Treasury. 

Sec. 137. The Court of Claims shall have a seal, with such device 
thereon as it may order. 

Sec. 138. The Court of Claims shall hold one annual session at 
the city of Washington, beginning on the first Monday in December 
and continuing as long as may be necessary for the prompt disposi¬ 
tion of the business of the court. Any three of the judges of said 
court shall constitute a quorum, and may hold a court for the trans¬ 
action of business: Provided , That the concurrence of three judges 
shall be necessary to the decision of any case. 

Sec. 139. The said court shall appoint a chief clerk, an assistant 
clerk, if deemed necessary, a bailiff, and a chief messenger. The clerks 
shall take an oath for the faithful discharge of their duties, and shall 


R. S., s. 1053. 








THE JUDICIARY.— Ch. 7. 


59 


be under the direction of the court in the performance thereof; and 
for misconduct or incapacity they may be removed by it from office; 
but the court shall report such removals, with the cause thereof, to 
Congress, if in session, or if not, at the next session. The bailiff shall 
hold his office for a term of four years, unless sooner removed by the 
court for cause. 

Sec. 140. The salary of the chief clerk shall be three thousand five 
hundred dollars a year; of the assistant clerk two thousand five hun¬ 
dred dollars a year; of the bailiff one thousand five hundred dollars 
a year, and of the chief messenger one thousand dollars a year, pay¬ 
able monthly from the Treasury. 

Sec. 141. The chief clerk shall give bond to the United States in 
such amount, in such form, and with such security as shall be ap¬ 
proved by the Secretary of the Treasury. 

Sec. 142. The said clerk shall have authority when he has given 
bond as provided in the preceding section, to disburse, under the di¬ 
rection of the court, the contingent fund which may from time to time 
be appropriated for its use; and his accounts shall be settled by the 
proper accounting officers of the Treasury in the same way as the ac¬ 
counts of other disbursing agents of the Government are settled. 

Sec. 143. On the first day of every regular session of Congress, 
the clerk of the Court of Claims shall transmit to Congress a full and 
complete statement of all the judgments rendered by the court during 
the previous year, stating the amounts thereof and the parties in 
whose favor they were rendered, together with a brief synopsis, of 
the nature of the claims upon which they were rendered. At the 
end of every term of the court he shall transmit a copy of its de¬ 
cisions to the heads of departments; to the Solicitor, the Comp¬ 
troller, and the Auditors of the Treasury; to the Commissioner of 
the General Land Office and of Indian Affairs; to the chiefs of 
bureaus, and to other officers charged with the adjustment of claims 
against the United States. 

Sec. 144. Whoever, being elected or appointed a Senator, Member 
of, or Delegate to Congress, or a Resident Commissioner, shall, after 
his election or appointment, and either before or after he has quali¬ 
fied, and during his continuance in office, practice in the Court of 
Claims, shall be fined not more than ten thousand dollars and im¬ 
prisoned not more than two years; and shall, moreover, thereafter 
be incapable of holding any office of honor, trust, or profit under the 
Government of the United States. 

Sec. 145. The Court of Claims shall have jurisdiction to hear and 
determine the following matters: 


Salaries of officers. 

R. S., s. 1054. 

22 May, 1908,35 Stat. 
L., 244, c. 186. 


Clerk’s bond. 

R. S., s. 1055. 

Contingent fund. 
R. S., s. 1056. 


Report to Congress; 
copies for depart¬ 
ments, etc. 

R. S., s. 1067. 


U. S. v. Irwin, U. S., 
125. 


Members of Con¬ 
gress not to practice 
in the court. 

R. S., s. 1058. 


Jurisdiction. 
R. S., s. 1059. 


De Groot v. U. S., 5 Wall., 419; Nichols v. U. S., 7 Wall., 122; Dorsheimer v. U. S., 7 Wall., 166; Filor 
v. U. S., 9 Wall., 45; U. S. v. Anderson, 9 Wall., 56; U. S. v. Padelford, 9 Wall., 531; Bonner v. U. S., 9 
Wall., 156; U. S. v. O’Keefe, 11 Wall., 178; Burns v. U. S., 12 Wall., 246; Clyde v. IT. S., 13 Wall., 38; U. S. 
v. Russell, 13 Wall., 623; Morgan v. U. S., 14 Wall., 531; Slawson v U. S., 16 Wall., 310; Ex parte Atocha, 
17 Wall., 439; Carpenter v. U. S., 6 Ct. Cls., 156, 9 Ct. Cls., 18, 17 Wall., 489; Haycraft v. U. S., 22 Wall., 
81; U. S. v. Villalonga, 23 Wall., 35; Moore v. U. S., 91 U. S., 270; Spencer v. U. S., 91 U. S., 577; Roberts 
v. U. S., 92 U. S., 41; U. S. v. Ross, 92 U. S., 281; U. S. v. Bostwick, 94 U.S.,53; U.. S. v. Clark, 94 U. S., 75; 
Knote v. U. S„ 95 U. S., 149; U. S. v. State Bank, 96 U. S., 30: Kaufman v. U. S.. 96 U.S.,567; McKnight 
v. U. S., 98 U. S., 179; U. S. v.' Winchester, 99 U. S., 372; Tillson v. U. S., 100 U. S., 43; Langford v. U. S., 
101 U. S., 341; McElrath v. U. S., 102 U. 8., 426; Taylor v. U. S., 104 U. S., 216; Chicago R. Co. v. U. S., 
104 U. S., 680; U. S. v. Smith, 105 U. S„ 620; Campbell v. U. S., 107 U. S., 407; U. S. v. Mitchell, 109 U. S., 
146; Lawton v. U. S., 110 U. S„ 146; Waples v. U. S., 110 U. S., 630; Carver v. U. S., Ill U. S., 609; Swift 
Co. v. U. S„ 111 U. S., 22, 105 U. S., 691; U. S. v. Great Falls Manuf. Co., 112 U. S., 645; Nashville R. Co. 
v. U. S., 113 U. S., 261; Steele v. U. S., 113 U. S., 128: Harvey v. U. S., 105 U. S„ 243, 113 U. S., 243: U. S. v. 
jordan, 113 U. S„ 418; Camp v. U. S., 113 U. S.. 648; State Bank v. U. S., 114 U. S., 401; McClure v. U. S., 
m 16 U. S., 145; South Boston Iron Co. v. U. S., 118 U. S., 37; Choctaw Nation v. U. S., 119 U. S., 1; U. S. v. 
Bac. R. Co., 120 U. S., 227; U. S. v. McDougall, 121 U. S., 89; IT. S. v. Louisiana, 123 U. S.,32; Great Falls 
Manuf. Co. v. Attorney General, 124 U. S., 581: U. S. v. Burchard, 125 U. S., 176; U. S. v. Weld, 127 IT. S., 
51; U. S. v. Irwin, 127 U. S., 125; Brown v. District of Columbia, 127 U. S., 579; IT. S. v. Knox, 128 U. S., 
230; U. S. v. Palmer, 128 U. S., 262; U. S. v. McDonald, 128 IT. S., 471; Levey v. Stoekslager, 129 U. S., 474; 
U. S. v. Jones, 131 U. S., 1; Finn v. U. S., 145 IT. S., 658; Smithmeyer v. IT. S., 147 U. S., 342; In re San¬ 
born, 148 U. S., 222; Kinkead v. IT. S., 150 U. S., 483; Coleman v. U. S., 152 U. S., 96; U. S. v. Coe, 155 
U. S., 76; IT. S. v. Blackfeather, 155 U. S., 180: Austin v. U. S., 155 U. S., 417; Johnson v. U. S., 160 IT. S., 
546; Ball v. Halsell, 161 IT. S„ 72; Ainsa v. L’. S., 161 U. S.,208; Leighton v. U. S., 161 IT. S., 291; Marks v. 
U. S., 161 U. S., 297; U. S. v. Winchester R. Co., 163 IT. S., 244; U. S. v. Northwestern Exp. Co., 164 U. S., 
686; U. S. v. Gorham, 165 U. S., 316; Collier v. U. S., 173 U. S., 79; Harney v. U. S., "3 Ct. Cls., 38; Brown 
v. U. S., 6 Ct. Cls., 198; Mahan v. U. S., 14 Wall., 109, 6 Ct. Cls., 331; Sykes v. U. S., 8 Ct. Cls., 330; Tapia 
v. U. S., 16 Ct, Cls., 561; Valdez v. U. S., 16 Ct. Cls., 550; Maddox v. U. S., 20 Ct, Cls., 199; Neal v. U. S., 
21 Ct. Cls., 240; Heflebower v. U. S., 21 Ct. Cls., 239; Chickasaw Nation v. U. S., 22 Ct. Cls., 248; Atlantic 
Contracting Co. v. U. S., 35 Ct. Cls., 30. 










60 


THE JUDICIARY.— Ch. 7. 


unitedstates inst the Hirst. All claims (except for pensions) founded upon the Consti- 
3 Mar 1887 24 stat tution the United States or any law or Congress, or upon any reg- 
L.,505, r c.359;’isupp.; illation of an Executive Department, or upon any contract, express 
55 27 June, 1898, so stat. or implied, with the Government of the United States^ or for dam- 
su 495, 8ii‘ 603 ’ s ‘ 1: 2 a & es > liquidated or unliquidated, in cases not sounding in tort, in re- 
Y ii db rr ' 7 d s ' s P ect w hich claims the party would be entitled to redress against 
ns u. 8 ” y 492 - strong the United States either in a court of law, equity, or admiralty if the 

v. U. S., 93 Fed. Rep., 

257; Holmes v. U. S., 78 Fed. Rep., 513; Sampson v. U. S., 35 Ct. Cls., 578; Coudert v. U. S., 175 U. S., 178: 

Dooley v. U. S., 182 U. S., 222; Russell v. U. S., 182 U. S., 516; Bigby v. U. S., 188 U. S., 400; Berger v. 

U. S., 36 Ct. Cls., 243; Dewey v. U. S„ 35 Ct. Cls., 172. 


Certain claims ex¬ 
cepted. 


Set-offs. 


R. S., s. 1059, par. 2. 
27 June, 1898,30 Stat. 
L., 495, c. 503, s. 1; 2 
Supp., 813. 

1 July, 1898, 30 Stat. 
L., 649, c. 546, s. 3; 2 
Supp., 880. 


Limitation. 


Disbursing officers. 
R. 8., s. 1059, par. 3. 


Judgments for set¬ 
off or counterclaim, 
how enforced. 


R. S., s. 1061. 


Allen v. U. S., 17 
Wall., 207; McKnight 
v. U. S., 98 U. S., 179; 
McElrath v. U. S., 102 
U. S., 440. 


Decree on accounts 
of disbursing officers. 


R. S., s. 1062. 


Malone v. U. S., 5 
Ct. Cls., 486; Scott v. 
U. S., 18 Ct. Cls., 1, 
Hoyle v. U. S., 21 Ct. 
Cls., 300; Wood v. U. S.; 
25Ct. Cls., 98; McClure 
v. U.S.,116U.S., 150. 


United States were suable: Provided , however , That nothing in this 
section shall be construed as giving to the said court jurisdiction to 
hear and determine claims growing out of the late civil war, and com¬ 
monly known as “war claims,” or to hear and determine other 
claims which, prior to March third, eighteen hundred and eighty- 
seven, had been rejected or reported on adversely by any court, de¬ 
partment, or commission authorized to hear and determine the same. 

Second. All set-offs, counterclaims, claims for damages, whether 
liquidated or unliquidated, or other demands whatsoever on the part 
of the Government of the United States against any claimant against 
the Government in said court: Provided , That no suit against the 
Government of the United States, brought by any officer of the United 
States to recover fees for services alleged to have been performed for 
the United States, shall be allowed under this chapter until an 
account for said fees shall have been rendered and finally acted upon 
as required by law, unless the proper accounting officer of the Treas¬ 
ury fails to act finally thereon within six months after the account is 
received in said office. 

Third. The claim of any paymaster, quartermaster, commissary of 
subsistence, or other disbursing officer of the United States, or of his 
administrators or executors, for relief from responsibility on account 
of loss by capture or otherwise, while in the line of his duty, of Gov¬ 
ernment funds, vouchers, records, or papers in his charge, and for 
which such officer was and is held responsible. 

Sec. 146. Upon the trial of any cause in which any set-off, counter- 
claim, claim for damages, or other demand is set up on the part of 
the Government against any person making claim against the Gov¬ 
ernment in said court, the court shall hear and determine such claim 
or demand both for and against the Government and claimant; and 
if upon the whole case it finds that the claimant is indebted to the 
Government it shall render judgment to that effect, and such judg¬ 
ment shall be final, with the right of appeal, as in other cases provided 
for by law. Any transcript of such judgment, filed in the clerk’s 
office of any district court, shall be entered upon the records thereof, 
and shall thereby become and be a judgment of such court and be 
enforced as other judgments in such courts are enforced. 

Sec. 147. Whenever the Court of Claims ascertains the facts of 
any loss by any paymaster, quartermaster, commissary of subsistence, 
or other disbursing officer, in the cases hereinbefore provided, to have 
been without fault or negligence on the part of such officer, it shall 
make a decree setting forth the amount thereof, and upon such decree 
the proper accounting officers of the Treasury shall allow to such offi¬ 
cer the amount so decreed as a credit in the settlement of his accounts. 










THE JUDICIARY.—Ch. 7. 


61 


Sec. 148. When any claim or matter is pending in any of the dep 1 artments. erred by 

executive departments which involves controverted questions of fact R g s 1Q63 - 

or law, the head of such department may transmit the same, with 3 iviar., i 8 » 3 , 22 stat. 
the vouchers, papers, documents and proofs pertaining thereto, to gu P p? 463 .' 116,8 ‘ 2:1 
the Court of Claims and the same shall be there proceeded in under L 32 ss St i 2 ' 
such rules as the court may adopt. When the facts and conclusions 13 ';’ 1 supp., 562 . 88, ’ 

of law shall have been found, the court shall report its findings to 


U. S.v. Alire,6Wall., 


the department by which it was transmitted for its guidance and fj 3: s L ) iP 663 t * Campbell 
action: Provided , however , That if it shall have been transmitted »’ u! s .,’107 u. s., 
with the consent of the claimant, or if it shall appear to the satis- u. 7 ’sv($ FiniA’. Ij 8 
faction of the court upon the facts established, that under existing ®;’G^ e ajn’m : u!‘s S ' 
laws or the provisions of this chapter it has jurisdiction to render 258 ; De Amauid v. u! 
judgment or decree thereon, it shall proceed to do so, in the latter New York; 106 u.s^ 
case giving to either party such further opportunity for hearing as Railroad, t ’i 63 U C s.? 25 e 7 ^ 
in its judgment justice shall require, and shall report its findings pg^Re 1 693 ^>f'erie 
therein to the department by which the same was referred to said v .V. s e , P 33 69 ct. cfs^il 
court. The Secretary of the Treasury may, upon the certificate of ck, s 151 ; U Borcheriing 
any auditor, or of the Comptroller of the Treasury, direct any claim v - u. s., 35 ct. cis., 1 . 
or matter, of which, by reason of the subject matter or character, the 
said court might, under existing laws, take jurisdiction on the volun¬ 
tary action of the claimant, to be transmitted, with all the vouchers, 
papers, documents and proofs pertaining thereto, to the said court 
for trial and adjudication. 

Sec. 149. All cases transmitted by the head of any department, or transmitted “y^de- 

upon the certificate of any Auditor, or of the Comptroller of the partments. _ 

Treasury, according to the provisions of the preceding section, shall r. s., s. 1064 . 
be proceeded in as other cases pending in the Court of Claims, and Amoskeag co. v. u. 
shall, in all respects, be subject to the same rules and regulations. Knightlfu^siu^s 5 ' 

179; Finn v. U. S., 123 U. S., 232; U.S. v. New York, 160 U. S., 607; U.S. v. Winchester R. Co.,’l63U. S.,257.’ 


Sec. 150. The amount of any final judgment or decree rendered 
in favor of the claimant, in any case transmitted to the Court of 
Claims under the two preceding sections, shall be paid out of any 
specific appropriation applicable to the case, if any such there be; and 
where no such appropriation exists, the judgment or decree shall be 
paid in the same manner as other judgments of the said court. 

Sec. 151. Whenever any bill, except for a pension, is pending in 
either House of Congress providing for the payment of a claim 
against the United States, legal or equitable, or for a grant, gift, or 
bounty to any person, the House in which such bill is pending may, 
for the investigation and determination of facts, refer the same to 
the Court of Claims, which shall proceed with the same in accordance 
with such rules as it may adopt and report to such House the facts 
in the case and the amount, where the same can be liquidated, includ¬ 
ing any facts bearing upon the question whether there has been delay 
or laches in presenting such claim or applying for such grant, gift, 
or bounty, and any facts bearing upon the question whether the bar of 
any statute of limitation should be removed or which shall be claimed 
to excuse the claimant for not having resorted to any established legal 
remedy, together with such conclusions as shall be sufficient to inform 
Congress of the nature and character of the demand, either as a claim, 
legal or equitable, or as a gratuity against the United States, and the 
amount, if any, legally or equitably due from the United States to the 
claimant : Provided , however , That if it shall appear to the satisfac¬ 
tion of the court upon the facts established, that under existing laws 
or the provisions of this chapter, the subject matter of the bill is such 
that it has jurisdiction to render judgment or decree thereon, it shall 
proceed to do so, giving to either party such further opportunity for 
hearing as in its judgment justice shall require, and it shall report its 
proceedings therein to the House of Congress by which the same was 
referred to said court. 


Judgments in cases 
transmitted by de¬ 
partments, how paid. 


R. S., s. 1065. 


Bonnafon v. U. S., 14 
Ct. Cls., 484. 


Either Houseof Con¬ 
gress may refer claims 
to court. 


3 Mar., 1883, 22 Stat. 
L„ 485, c. 116, s. 1; 1 
Supp., 403. 

3 Mar., 1887,24 Stat. 
L„ 507, c. 359, s. 14; 1 
Supp., 562. 

25 June, 1910, 36 
Stat. L., 837, c. 409. 


Jackson v. U.S., 19 
Ct. Cls., 504; Pitmans. 
U. S., 20 Ct. Cls., 254; 
The State of Illinois v. 
U. S., 20 Ct. Cls., 342; 
Hodge v. U. S., 20 Ct. 
Cls., 352; Jayne v. U. S., 
21 Ct. Cls., 311; Ber¬ 
nard v. U. S., 26 Ct. 
Cls., 312; Duplantier 
v. U. S.,27 Ct. Cls., 323; 
Presbyterian Church 
v. U. S., 33 Ct. Cls., 
339; White v. U. S., 33 
Ct. Cls., 368. 











62 


THE JUDICIARY.— Ch. 7. 


io C wed “prevailing Sec. 152. If the Government of the United States shall put in 
party. issue the right of the plaintiff to recover, the court may, in its dis- 

3 Mar., 1887 ,24 stat. cretion, allow costs to the prevailing party from the time of joining 
supp 8, 662 359, s ' 15:1 SUC ^ i ssue - Such costs, however, shall include only what is actually 

———-- incurred for witnesses, and for summoning the same, and fees paid to 

u. s., 268 . the clerk of the court. 

Sec. 153. The jurisdiction of the said court shall not extend to any 

_ claim against the Government not pending therein on December first, 

r. s., s. 1066 . eighteen hundred and sixty-two, growing out of or dependent on any 
ex parte Atoaha, 17 treaty stipulation entered into with foreign nations or with the Indian 

Wall., 439; Langford v. 

U. S., 101 U. S.. 341; 

Great Western Ins. Co. v. U. S., 112 U. S., 197; Ailing v. U. S., 114 U. S., 562; U. S. v. Weld, 127 U. S., 51; Wil¬ 
liams v. Heard, 140 U.S., 529; Bodemuller v.TJ.S.,39 Fed. Rep.,437; Thingvalla Line v. U. S., 24 Ct. Cls., 

265; Pam To Pee v. U.S., 187 U.S., 371. 

Claims pending in 
other courts. 


Claims growing out 
of treaties not cogni¬ 
zable therein. 


R. S., s. 1067. 


Aliens. 


R. S., s. 1068. 


Brown 
Wall., 571 


Sec. 154. No person shall file or prosecute in the Court of Claims, 
or in the Supreme Court on appeal therefrom, any claim for or in 
respect to which he or any assignee of his has pending in any other 
court any suit or process against any person who, at the time when 
the cause of action alleged in such suit or process arose, was, in respect 
thereto, acting or professing to act, mediately or immediately, under 
the authority of the United States. 

Sec. 155. Aliens who are citizens or subjects of any government 
which accords to citizens of the United States the right to prosecute 
wan & 7 i -t Lobsi^er v c l a i m s against such government in its courts, shall have the privilege 

u. a s;; & 5\vaib! ge 687'; of prosecuting claims against the United States in the Court of 
f v “ d Moan !'’^ Claims, whereof such court, by reason of their subject-matter and 
Give i 8 u a s ;, 7 2 wan e character, might take jurisdiction. 

517; Frihera t’.U.S., 9 Wall., 254; U.S.i>.O’Keefe, 11 Wall.,178; Carlisle v. U. S., 16Wall., 147; Bulwinkle 

v. U. S., 4 Ct. Cls., 395; Scharfer v. U. S., 4 Ct. Cls., 529; Brown v. U. S., 5 Ct. Cls., 571. 

a ii claims to be filed Sec. 156. Every claim against the United States cognizable by 

ceptions. ears, ex ^ Court of Claims, shall be forever barred unless the petition setting 
' r 7 sT, 7 .io 69 . forth a statement thereof is filed in the court, or transmitted to it 
u s’ v wilder 13 by the Secretary of the Senate or the Clerk of the House of Repre- 
waii., '254; u. s! *. sentatives, as provided by law, within six years after the claim first 
ciarkV.u. s.', 99 U.s.,’ accrues: Provided , That the claims of married women, first accrued 
ioo : u U s S 663 - Lawson during marriage, of persons under the age of twenty-one years, first 
v. u. s.,'ioi u. s., 164; accrued during minority, and of idiots, lunatics, insane persons, and 
u U sTi 7 ofu. 8 .'v S Tay- persons beyond the seas at the time the claim accrued, entitled to 
s° r i*&mit'hfiofu’. s', the claim, shall not be barred if the petition be filed in the court or 
620 ;' Kendaii v. u. &'.] transmitted, as aforesaid, within three years after the disability has 
Gibbons,' 109u, 200 ; ceased; but no other disability than those enumerated shall prevent 
u a 's to i46 ; For!"v.u° an y dabn from being barred, nor shall any of the said disabilities 
s.', ii6 u. s., 213 ; u. s! operate cumulatively. 

v. Cooper, 120 U. S.. 1 J 

124; Rice v. U. S., 122 U. S., 611; U. S. v. McDougall, 121 U. S., 89; Finn v. U. S., 123 U. S., 227; U. S. v. 

Louisiana, 127 U. S., 182; U. S. v. Connor, 138 U. S., 61; U. S. v. Watson, 130 U. 8., 80; De Arnaud v. U. 

S., 151 U. S., 483; U. S. v. New York, 160 U. S., 607; U. S. v. Winchester, 163 U. S., 257; U. S. v. Great- 
house, 166 U. S., 601; Ray v. U. 8., 50 Fed. Rep., 167; U. S. v. Wardwell, 172 U. S., 48; Curtis v. U. S., 

34 Ct. Cls., 1. 

Sec. 157. The said court shall have power to establish rules for 
its government and for the regulation of practice therein, and it 
may punish for contempt in the manner prescribed by the common 
law, may appoint commissioners, and may exercise such powers as 
are necessary to carry into effect the powers granted to it by law. 

Sec. 158. The judges and clerks of said court may administer 
oaths and affirmations, take acknowledgments of instruments in 
writing, and give certificates of the same. 

Sec. 159. The claimant shall in all cases fully set forth in his 
petition the claim, the action thereon in Congress or by any of the 
Departments, if such action has been had, what persons are owners 
thereof or interested therein, when and upon what consideration such 
persons became so interested; that no assignment or transfer of said 


Rules of practice; 
may punish con¬ 
tempts. 

R. S., s. 1070. 


Intermingled Cot¬ 
ton Cases, 92 U. S-, 651. 

Oaths and acknowl¬ 
edgments. 

R. 8., s. 1071. 

Petition and verifi¬ 
cation. 

R. S., s. 1072. 

Nicoll v. U. S~ 7 

Wall.. 122; Parish v. 
IT. S., 8 Wall., 489; U. S. 














THE JUDICIARY.— Ch. 7. 


63 


v. Bums, 12 Wall., 246; 
Guttman v. U. S., 18 
Wall., 84; U. S. v. Ins. 
Cos., 22 Wall., 99; Inter¬ 
mingled Cotton Cases, 
92 U. S., 651; U. S. v. 
Gillis, 95 U. S., 407; 
Kendall v. U. S., 107 
TT. S., 123: U. 8. v. 
Behan, 110 U. S.,338. 


Petition dismissed, 
when. 

R. S., s. 1073. 


Burden of proof and 
evidence as to loyalty. 


R. S., s. 1074. 

U. S. v. Anderson, 9 
Wall., 56; Grossmeyer 
v. U. S., 9 Wall., 72; 
U. 8. v. Padelford, 9 
Wall., 531; U. S. v. 
Klein., 13 Wall., 128; 
Carroll v. U. S., 13 
Wall., 151; Pargoud 

v. U. S., 13 Wall., 156: Carlisle v. U. 8., 16 Wall., 147; Watson v. U. S., 25 Ct. Cls., 116; Austin v. U. S., 25 
Ct. Cls., 437; Hall v. U. 8., 27 Ct. Cls., 438. 

Sec. 162. The Court of Claims shall have jurisdiction to hear and aT isuj“f r f oni P s^ e of 
determine the claims of those whose property was taken subsequent abandoned property, 
to June the first, eighteen hundred and sixty-five, under the pro¬ 
visions of the Act of Congress approved March twelfth, eighteen 
hundred and sixty-three, entitled “An Act to provide for the collec¬ 
tion of abandoned property and for the prevention of frauds in 
insurrectionary districts within the United States,” and Acts amen¬ 
datory thereof where the property so taken was sold and the net 
proceeds thereof were placed in the Treasury of the United States; 
and the Secretary of the Treasury shall return said net proceeds to 
the owners thereof, on the judgment of said court, and full jurisdic¬ 
tion is given to said court to adjudge said claims, any statutes of 
limitations to the contrary notwithstanding. 

Sec. 163 . The Court of Claims shall have power to appoint com- ^commis^oners to 

missioners to take testimony to be used in the investigation of claims l' e es imony - - 

which come before it, to prescribe the fees which they shall receive R - s - 8 - 1075 - 
for their services, and to issue commissions for the taking of such 
testimony, whether taken at the instance of the claimant or of the 
United States. 

Sec. 164. The said court shall have power to call upon any of the D fp 0 artments a for ip fn- 
Departments for any information or papers it may deem necessary, formation, 
and shall have the use of all recorded and printed reports made by r. s„ s . 1076 . 
the committees of each House of Congress, when deemed necessary in Wa i ter ITbh&ster’N 
the prosecution of its business. But the head of any Department ownersu. s., igct. 
may refuse and omit to comply with any call tor information or u. s., is ct. cis., 382; 
papers when, in his opinion, such compliance would be injurious to ? 3 e ct al cis f ° 3 fi vldence ’ 
the public interest. 

Sec. 165. When it appears to the court in any case that the facts t0 ^e taken timonynot 
set forth in the petition of the claimant do not furnish any ground - 

for relief, it shall not authorize the taking of any testimony therein. ' *’ s ' 107< ' 


claim or of any part thereof or interest therein has been made, ex¬ 
cept as stated in the petition; that said claimant is justly entitled 
to the amount therein claimed from the United States after allowing 
all just credits and offsets; that the claimant and, where the claim 
has been assigned, the original and every prior owner thereof, if a 
citizen, has at all times borne true allegiance to the Government of 
the United States, and, whether a citizen or not, has not in any way 
voluntarily aided, abetted, or given encouragement to rebellion 
against the said Government, and that he believes the facts as stated 
in the said petition to be true. The said petition shall be verified by 
the affidavit of the claimant, his agent or attorney. 

> Sec. 160. The said allegations as to true allegiance and voluntary 
aiding, abetting, or giving encouragement to rebellion against the 
Government may be traversed by the Government, and if on the trial 
such issues shall be decided against the claimant, his petition shall be 
dismissed. 

Sec. 161. Whenever it is material in any claim to ascertain whether 
any person did or did not give any aid or comfort to forces or govern¬ 
ment of the late Confederate States during the Civil War, the claim¬ 
ant asserting the loyalty of any such person to the United States 
during such Civil War shall be required to prove affirmatively that 
such person did, during said Civil War, consistently adhere to the 
United States' and did give no aid or comfort to persons engaged in 
said Confederate service in said Civil War. 









64 


THE JUDICIARY.— Ch. 7. 


Examination of 
claimant. 


R. S., s. 1080. 


Macauley v. U. 8., 
11 Ct. Cls., 575; Atchi¬ 
son R. Co. v. U. S., 15 
Ct. Cls., 1. 


Testimony, where 
taken. 


R. 8., s. 1081. 

Witnesses before 
commissioners. 

R. 8., s. 1082. 


Jones v. U. S., 1 Ct. 
Cls., 398; Sykesv. U.S., 
8 Ct. Cls., 330. 


Cross-examination. 


R. 8., s. 1083. 


Smith v. U. S. 19 Ct. 
Cls., 690. 


Witnesses, how 
sworn. 


R. S., s. 1084. 

Fees of commission¬ 
ers, by whom paid. 


R. S., s. 1085. 


Claims forfeited for 
fraud. 

R. S., s. 1086. 


Peychaud v. U. 8., 92 
U. 8., 41; Garrison v. 
U. 8., 7 Wall., 688; 
Nance v. U. S., 23 Ct. 
Cls., 467; Furay v. U. S., 
34 Ct. Cls., 171; Terrill 
v. U. S.,35 Ct. Cls.,219. 


Claims under act of 
June 16,1874. 


30 Apr., 1878,20 Stat 
L„ 524, c. 77, s. 2; 1 
Supp., 159. 


Sec. 166. The court may, at the instance of the attorney or solic¬ 
itor appearing in behalf of the United States, make an order in any 
case pending therein, directing any claimant in such case to appear, 
upon reasonable notice, before any commissioner of the court and be 
examined on oath touching any or all matters pertaining to said claim. 
Such examination shall be reduced to writing by the said commis¬ 
sioner, and be returned to and filed in the court, and may, at the 
discretion of the attorney or solicitor of the United States appearing 
in the case, be read and used as evidence on the trial thereof. And 
if any claimant, after such order is made and due and reasonable 
notice thereof is given to him, fails to appear, or refuses to testify 
or answer fully as to all matters within his knowledge material to 
the issue, the court may, in its discretion, order that the said cause 
shall not be brought forward for trial until he shall have fully com¬ 
plied with the order of the court in the premises. 

Sec. 167. The testimony in cases pending before the Court of 
Claims shall be taken in the county where the witness resides, when 
the same can be conveniently done. 

Sec. 168. The Court of Claims may issue subpoenas to require the 
attendance of witnesses in order to be examined before any person 
commissioned to take testimony therein. Such subpoenas shall have 
the same force as if issued from a district court, and compliance there¬ 
with shall be compelled under such rules and orders as the court shall 
establish. 

Sec. 169. In taking testimony to be used in support of any claim, 
opportunity shall be given to the United States to file interrogatories, 
or by attorney to examine witnesses, under such regulations as said 
court shall prescribe; and like opportunity shall be afforded the 
claimant, in cases where testimony is taken on behalf of the United 
States, under like regulations. 

Sec. 170. The commissioner taking testimony to be used in the 
Court of Claims shall administer an oath or affirmation to the wit¬ 
ness brought before him for examination. 

Sec. 171. When testimony is taken for the claimant, the fees of 
the commissioner before whom it is taken, and the cost of the commis¬ 
sion and notice, shall be paid by such claimant; and when it is taken 
at the instance of the Government, such fees shall be paid out of the 
contingent fund provided for the Court of Claims, or other appro¬ 
priation made by Congress for that purpose. 

Sec. 172. Any person who corruptly practices or attempts to prac¬ 
tice any fraud against the United States in the proof, statement, 
establishment, or allowance of any claim or of any part of any claim 
against the United States shall, ipso facto, forfeit the same to the 
Government; and it shall be the duty of the Court of Claims, in such 
cases, to find specifically that such fraud was practiced or attempted 
to be practiced, and thereupon to give judgment that such claim is 
forfeited to the Government, and that the claimant be forever barred 
from prosecuting the same. 

Sec. 173. No claim shall be allowed by the accounting officers 
under the provisions of the act of Congress'approved June sixteenth, 
eighteen hundred and seventy-four, or by the Court of Claims, or by 
Congress, to any person where such claimant, or those under whom he 
claims, shall willfully, knowingly, and with intent to defraud the 
United States, have claimed more than was justly due in respect of 
such claim, or presented any false evidence to Congress, or to any 
department or court, in support thereof. 












THE J EDICT ARY.-HJh. 7. 


fi, r ) 


Sec. 174. When judgment is rendered against any claimant, the motion 

court may grant a new trial for any reason which, by the rules of--- 

common law or chancery in suits between individuals, would furnish R - s., s. io87. 
sufficient ground for granting a new trial. Roberts v. u. s., 92 

° B U. S., 41; Garrison v. 

U. 8., 7 Wall.. 688; Nance v. U. S., 23 Ct. Cls., 467. 

Sec. 175. The Court of Claims, at any time while any claim is of^^ited^tates 10 ^ 011 

pending before it, or on appeal from it, or within two years next after -— 

the final disposition of such claim, may, on motion, on behalf of the R S > 8 1088 - 
United States, grant a new trial and stay the payment of any iudg- u. s. v. Ayers, 9 

J r J J J & Wall., 608; U. S. v. Cru- 

sell, 12 Wall., 176; Ex parte Russell, 16 Wall., 664; Ex parte U. S., 13 Wall., 699; U. S. v. Young, 94 U. S., 
268; Young v. U. S.,95U. S., 641; Belknap v. U. S., 150 U. S.,588: Murdock v. District of Columbia, 23 
Ct. Cls., 44; Truitt v. U. S., 30 Ct. Cls., 27; McCollum v. U. S., 33 Ct. Cls., 469. 

ment therein, upon such evidence, cumulative or otherwise, as shall 
satisfy the court that any fraud, wrong, or injustice in the premises 
has been done to the United States; but until an order is made stay¬ 
ing the payment of a judgment, the same shall be payable and paid 
as now provided by law. 

Sec. 176. There shall be taxed against the losing party in each or a° st of pnnttng rec * 
and every cause pending in the Court of Claims the cost of printing 3Mar 187 y 19 gtat 
the record in such case, which shall be collected, except when the L., 344 , c. io5;’isupp.; 
judgment is against the United States, by the clerk of said court and 136- 
paid into the Treasury of the United States. 

Sec. 177. No interest shall be allowed on any claim up to the c i a ims interest ° n 

time of the rendition of judgment thereon by the Court of Claims, - ■ — : - 

unless upon a contract expressly stipulating for the payment of R - s -» s - 1Q91 - - 

inforpef Tillson v. U. S., 100 

iiitei est. n g 43; Harvey v _ u. 

S., 113 U. 8., 244; U. S. v. McKee, 91 U. S., 442; Villalonga. v. U. S., 23 Wall., 35; U. S. v. New York, 160 
U. S., 619; U. S. v. Old Settlers, 148 U. S., 478; Marvin v. U. 8., 44 Fed. Rep., 405; Myerle v. U. S., 33 
Ct. Cls., 1. 

Sec. 178. The payment of the amount due by any judgment of £ paymentof 
the Court of Claims, and of any interest thereon allowed by law, as 
provided by law, shall be a full discharge to the United States of 


R. S., s. 1092. _ 

- -ii.i Hobbs v. U. 8 ., 19 Ct. 

all claim and demand touching any of the matters involved m the cis., 220 ; u. s. v. Fre- 

, & J richSi 124 U. S., 320. 

controversy. Proutv. Starr, 188 U. S.; 

37; Vaughn v. U. 8 ., 34 Ct. Cls., 342.5, 

Sec. 179. Any final judgment against the claimant on any claim ba f^ nal j ud ® ments a 


R. S., 8 , 1093. 


prosecuted as provided in this chapter shall forever bar any further 
claim or demand against the United States arising out of the matters Cross v n 
involved in the controversy. wall., 479 .' 


8 ., 14 


Sec. 180. Whenever any person shall present his petition to the united* °states° may 
Court of Claims alleging that he is or has been indebted to the United ^| i ^ ount due as ' 
States as an officer or agent thereof, or by virtue of any contract - rame ’ — 
therewith, or that he is the guarantor, or surety, or personal repre- l. 3 505 ^ 0 ^ 9 ,^.^i 

sentative of any officer or agent or contractor so indebted, or that he supp ., 560. _ 

or the person for whom he is such surety, guarantor, or personal rep- Gerding v. u. s„ 23 

resentative has held any office or agency under the United States, or ct ' Cl8 '’ 531 ' 

entered into any contract therewith, under which it may be or has 

been claimed that an indebtedness to the United States had arisen 

and exists, and that he or the person he represents has applied to the 

proper department of the Government requesting that the account of 

such office, agency, or indebtedness may be adjusted and settled, and 

that three years have elapsed from the date of such application, and 

said account still remains unsettled and unadjusted, and that no suit 

upon the same has been brought by the United States, said court shall, 

due notice first being given to the head of said department and to the 

Attorney-General of the United States, proceed to hear the parties 

and to ascertain the amount, if any, due the United States on said 

account. The Attorney-General shall represent the United States 

at the hearing of said cause. The court may postpone the same from 

time to time whenever justice shall require. The judgment of said 













66 


THE JUDICIARY.— Ch. 7. 


court or of the Supreme Court of the United States, to which an ap¬ 
peal shall lie, as in other cases, as to the amount due, shall be binding 
and conclusive upon the parties. The payment of such amount so 
found due by the court shall discharge such obligation. An action 
shall accrue to the United States against such principal, or surety, 
or representative to recover the amount so found due, which may be 
brought at any time within three years after the final judgment of 
said court; and unless suit shall be brought within said time, such 
claim and the claim on the original indebtedness shall be forever 
barred. The provisions of section one hundred and sixty-six shall 
apply to cases under this section. 

Appeals or writs of Sec. 181. The plaintiff or the United States, in any suit brought 
eTT0T i under the provisions of the section last preceding, shall have the 

3 Mar., 1887 ,24 stat, same right of appeal as is conferred under sections two hundred and 
supp!?fcei. 35918 ’ 9i 1 forty-two and two hundred and forty-three; and such right shall be 
u. s. v. Young, 94 exercised only within the time and in the manner therein prescribed. 

U. S., 258; U. S. v. Gleeson, 124 U. S., 255; In re Sanborn, 148 U. S., 222; Chase v.U. 

S., 155 U. 8., 489; 3trong v. U. S., 40 Fed. Rep., 183; U. S. v. Davis, 13 Ct. Cls., 485. 


Appeals in Indian Sec. 182. In any case brought in the Court of Claims under any 
Act of Congress by which that court is authorized to render a judg¬ 
ment or decree against the United States, or against any Indian tribe 
or any Indians, or against any fund held in trust by the United States 
for any Indian tribe or for any Indians, the claimant, or the United 
States, or the tribe of Indians, or other party in interest shall have 
the same right of appeal as is conferred under sections two hundred 
and forty-two and two hundred and forty-three; and such right shall 
be exercised only within the time and in the manner therein prescribed- 
re At rtto e con Ge eM al ' s Sec. 183. The Attorney-General shall report to Congress, at the 
report to ongress . beginning of each regular session, the suits under section one hundred 

l.?SSc. 1 SS’S 1 S 1 and eighty, in which a final judgment or decree has been rendered, 
su'pp.-Wi. giving the date of each and a statement of the costs taxed in each 

case. 

tionaHact & in certain Sec. 184. In any case of a claim for supplies or stores taken by or 
claims. * furnished to any part of the military or naval forces of the United 

3 Mar., 1883,22 stat. States for their use during the late Civil War, the petition shall aver 
supif? 403 . 116, 8- 4:1 that the person who furnished such supplies or stores, or from whom 

—r— 1 -such supplies or stores were taken, did not give any aid or comfort 

waiL! e 284 ?‘McClure 91 to said rebellion, but was throughout the war loyal to the Government 
jackson^uls^igct! the United States, and the fact of such loyalty shall be a jurisdic- 
cis., 504 ; smith v.u.s.i tional fact; and unless the said court shall, on a preliminary inquiry, 
schai'k v. if. s^i ct! find that the person who furnished such supplies or stores, or from 
u l8 s 7: 2 i H ct e cir e 239 ; w hom the same were taken as aforesaid, was loyal to the Government 
Neal V u. s., 2! ct.’ of the United States throughout said war, the court shall not have 

u. 8 ‘s 94 2 i ct n cis' P 282 ; jurisdiction of such cause, and the same shall, without further pro- 
chickaM.Wt Nation^. ce edings, be dismissed. 

Stovall v. U.’ S., 26 Ct.Cls., 226; Lynch v. U. S., 31 Ct. Cls., 62; Austin v. U. S., 155 U. S., 417; Taleaferro 

v. U. S., 33 Ct, Cls., 448. 


appea^fo^the^de 0 . Sec. 185. The Attorney-General, or his assistants under his direc- 
fensc. tion, shall appear for the defense and protection of the interests of the 

3 Mar., 1883 ,22 stat. United States in all cases which may be transmitted to the Court of 
supp 8 ? 403 . 116, 8 ‘ 5; 1 Claims under the provisions of this chapter, with the same power to 
interpose counterclaims, offsets, defenses for fraud practiced or at¬ 
tempted to be practiced by claimants, and other defenses, in like 
manner as he is required to defend the United States in said court, 
persons not to be Sec. 186. No person shall be excluded as a witness in the Court of 
on account of color or Claims on account of color or because he or she is a party to or in- 
piahitiff may'beTwi£ terested in the cause or proceeding; and any plaintiff or party in 
ness for Governm ent, interest may be examined as a witness on the part of the Government. 

R. S., s. 1078; 3 Mar., 1883, 22 Stat. L., 486, c. 116, s. 6; 1 Supp., 403; 3 Mar., 1887, 24 Stat. L., 506, c. 

359, s. 8; 1 Supp., 561. 5 Feb., 1912, 37 Stat. L., —, c. —. 






THE JUDICIARY —Chs. 7-8. 


67 


Sec. 187. Reports of the Court of Claims to Congress, under sec- Reporte of co,,rt to 

tions one hundred and forty-eight and one hundred and fifty-one, if - ong -- ss ' - 

not finally acted upon during the session at which they are reported, l . 3 ^"c! m. 2 ^.^i 
shall be continued from session to session and from Congress to Con- supp-Aoi 
gress until the same shall be finally acted upon. 


CHAPTER EIGHT. 


THE COURT OF CUSTOMS APPEALS. 


Sec. 

188. Court of Customs Appeals; ap¬ 

pointment and salary of judges; 
quorum; circuit and district 
judges may act in place of 
judge disqualified, etc. 

189. Court to be always open for busi¬ 

ness; terms may be held in any 
circuit; when expenses of judges 
to be paid. 

390. Marshall of the court; appoint¬ 
ment, salary, and duties. 

191. Clerk of the court; appointment, 

salary, and duties. 

192. Assistant clerk, stenographic 

clerks, and reporter; appoint¬ 
ment, salary, and duties. 

193. Rooms for holding court to be 

provided; bailiffs and messen¬ 
gers. 

194. To be a court of record; to pre¬ 

scribe form and style of seal, 
and establish rules and regula¬ 
tions ; may affirm, modify, or 
reverse and remand case, etc. 


Sec. 

395. Final decisions of Board of Gen¬ 
eral Appraisers to be reviewed 
only by customs court. 

19G. Other courts deprived of jurisdic¬ 
tion in customs cases; pending 
cases excepted. 

197. Transfer to customs court of pend¬ 

ing cases; completion of testi¬ 
mony. 

198. Appeals from Board of General 

Appraisers; time within which 
to be taken; record to be trans¬ 
mitted to customs court. 

199. Records filed in customs court to 

be at once placed on calendar; 
calendar to be called every sixty 
days. 


Sec. 188. There shall be a United States Court of Customs Ap- of customs 

peals, which shall consist ox a presiding judge and tour associate and salary of judges; 
judges, each of whom shall be appointed by the President, by dtsmcT 5 judges 1 may 
and with the advice and consent of the Senate, and shall receive disqualified 6 etc judge 

a salary of seven thousand dollars a year. The presiding judge — . -— ’ — 

shall be so designated in the order of appointment and in the com- l.? iolvioT.T’e 3 !^ 1 . 1 
mission issued to him by the President; and the associate judges shall l 35 2 i 4 b 'c 1 62 °’ 36stat ' 
have precedence according to the date of their commissions. Any 
three members of said court shall constitute a quorum, and the con¬ 
currence of three members shall be necessary to any decision thereof. 

In case of a vacancy or of the temporary inability or disqualification, 
for any reason, of one or two of the judges of said court, the Presi¬ 
dent may, upon the request of the presiding judge of said court, 
designate any qualified United States circuit or district judge or 
judges to act in his or their place; and such circuit or district judges 
shall be duly qualified to so act. 

Sec. 189. The said Court of Customs Appeals shall always be o cotm to he^ways 
open for the transaction of business, and sessions thereof may, in the terms may be held in 
discretion of the court, be held in the several judicial circuits, and at penses r of judges e to e be' 

such places as said court may from time to time designate. Any P aid - _ 

judge who, in pursuance of the provisions of this chapter, shall x 5 1 A 0 ^f 1 ^ 90 % 36 s stat - 
attend a session of said court at any place other than the city of ’ 0-1 ’ c b ’ s ‘ 2 
Washington, shall be paid, upon his written and itemized certificate, 
by the marshal of the district in which the court shall be held, his 
actual and necessary expenses incurred for travel and attendance, 
and the actual and necessary expenses of one stenographic clerk who 
may accompany him; and such payments shall be allowed the mar¬ 
shal in the settlement of his accounts with the United States. 







68 


THE JUDICIARY.— Ch. 8. 


Marshal of thecourt; 
appointment, salary, 
and duties. 


5 Aug., 1909, 36 Star. 
L., 105, 108. C. 6. s. 28. 


Clerk of the court: 
appointment, salary, 
and duties. 


5 Aug., 1909, 36 Stat. 
L., 105, c. 6, s. 28. 

25 Feb., 1910,36 Stat. 
L., 214, c. 62. 


Assistantclerk,sten¬ 
ographic clerks, and 
reporter; appoint¬ 
ment, salary, and 
duties. 


5 Aug., 1909,36 Stat. 
L., 107, c. 6, s. 28. 

25 Feb., 1910,36 Stat. 
L., 214, C. 62. 


Rooms for holding 
court to be provided; 
bailiffs and messen¬ 
gers. 


6 Aug., 1909, 36 Stat. 
L., 106, c. 6, s. 28. 


Sec. 190. Said court shall have the services of a marshal, with 
the same duties and powers, under the regulations of the court, as 
are now provided for the marshal of the Supreme Court of the United 
States, so far as the same may be applicable. Said services within 
the District of Columbia shall be performed by a marshal to be ap¬ 
pointed by and to hold office during the pleasure of the court, who 
shall receive a salary of three thousand dollars per annum. Said 
services outside of the District of Columbia shall be performed by 
the United States marshals in and for the districts where sessions of 
said court may be held; and to this end said marshals shall be the 
marshals of said court. The marshal of said court, for the District 
of Columbia, is authorized to purchase, under the direction of the 
presiding judge, such books, periodicals, and stationery, as may be 
necessary for the use of said court; and such expenditures shall be 
allowed and paid by the Secretary of the Treasury upon claim duly 
made and approved by said presiding judge. 

Sec. 191. The court shall appoint a clerk, whose office shall be 
in the city of Washington, District of Columbia, and who shall per¬ 
form and exercise the same duties and powers in regard to all matters, 
within the jurisdiction of said court as are now exercised and per¬ 
formed by the clerk of the Supreme Court of the United States, so 
far as the same may be applicable. The salary of the clerk shall be 
three thousand five hundred dollars per annum, which sum shall be in 
full payment for all service rendered by such clerk; and all fees of 
any kind whatever, and all costs shall be by him turned into the United 
States Treasury. Said clerk shall not be appointed by the court or 
any judge thereof as a commissioner, master, receiver, or referee. The 
costs and fees in the said court shall be fixed and established by said 
court in a table of fees to be adopted and approved by the Supreme 
Court of the United States within four months after the organiza¬ 
tion of said court: Provided , That the costs and fees so fixed shall not, 
with respect to any item, exceed the costs and fees charged in the 
Supreme Court of the United States; and the same shall be expended, 
accounted for, and paid over to the Treasury of the United States. 

Sec. 192. In addition to the clerk, the court may appoint an 
assistant clerk at a salary of two thousand dollars per annum, five 
stenographic clerks at a salary of sixteen hundred dollars per annum 
each, one stenographic reporter at a salary of two thousand five 
hundred dollars per annum, and a messenger at a salary of eight 
hundred and forty dollars per annum, all payable in equal monthly 
installments, and all of whom, including tne clerk, shall hold office 
during the pleasure of and perform such duties as are assigned them 
by the court. Said reporter shall prepare and transmit to the Secre¬ 
tary of the Treasury once a week in time for publication in the 
Treasury Decisions copies of all decisions rendered to that date by 
said court, and prepare and transmit, under the direction of said 
court, at least once a year, reports of said decisions rendered to that 
date, constituting a volume, which shall be printed by the Treasurj' 
Department in such numbers and distributed or sold in such manner 
as the Secretary of the Treasury shall direct. 

Sec. 198. The marshal of said court for the District of Columbia 
and the marshals of the several districts in which said Court of 
Customs Appeals may be held shall, under the direction of the Attor¬ 
ney-General, and with his approval, provide such rooms in the public 
buildings of the United States as may be necessary for said court: 
Provided , That in case proper rooms can not be provided in such 
buildings, then the said marshals, with the approval of the Attorney- 
General, may, from time to time, lease such rooms as may be neces¬ 
sary for said court. The bailiffs and messengers of said court shall 
be allowed the same compensation for their respective services as are 






THE JUDICIARY.— Ch. 8. 


69 


allowed for similar services in the existing district courts. In no case 
shall said marshals secure other rooms than those regularly occupied 
by existing district courts, or other public officers, except where such 
can not, by reason of actual occupancy or use, be occupied or used by 
said Court of Customs Appeals. 

Sec. 194. The said Court of Customs Appeals shall be a court of 
record, with jurisdiction as in this chapter established and limited. 
It shall prescribe the form and style of its seal, and the form of its 
writs and other process and procedure, and exercise such powers con¬ 
ferred by law as may be conformable and necessary to the exercise 
of its jurisdiction. It shall have power to establish all rules and 
regulations for the conduct of the business of the court, and as may 
be needful for the uniformity of decisions within its jurisdiction as 
conferred by law. It shall have power to review any decision or 
matter within its jurisdiction, and may affirm, modify, or reverse the 
same and remand the case with such orders as may seem to it proper 
in the premises, which shall be executed accordingly. 

Sec. 195. The Court of Customs Appeals established by this chap¬ 
ter shall exercise exclusive appellate jurisdiction to review by appeal, 
as herein provided, final decisions by a Board of General Appraisers 
in all cases as to the construction of the law and the facts respecting 
the classification of merchandise and the rate of duty imposed thereon 
under such classification, and the fees and charges connected there¬ 
with, and all appealable questions as to the jurisdiction of said board, 
and all appealable questions as to the laws and regulations governing 
the collection of the customs revenues; and the judgments and decrees 
of said Court of Customs Appeals shall be final in all such cases. 

Sec. 196. After the organization of said court, no appeal shall be 
taken or allowed from any Board of United States General Appraisers 
to any other court, and no appellate jurisdiction shall thereafter be 
exercised or allowed by any other courts in cases decided by said 
Board of United States General Appraisers; but all appeals allowed 
by law from such Board of General Appraisers shall be subject to 
review only in the Court of Customs Appeals hereby established, 
according to the provisions of this chapter: Provided , That nothing 
in this chapter shall be deemed to deprive the Supreme Court of the 
United States of jurisdiction to hear and determine all customs cases 
which have heretofore been certified to said court from the United 
States circuit courts of appeals on applications for writs of certiorari 
or otherwise, nor to review by writ of certiorari any customs case here¬ 
tofore decided or now pending and hereafter decided by any circuit 
court of appeals, provided application for said writ be made within 
six months after August fifth, nineteen hundred and nine: Provided , 
further , That all customs cases heretofore decided by a circuit or dis¬ 
trict court of the United States or a court of a Territory of the United 
States and which have not been removed from said courts by appeal 
or writ of error, and all such cases heretofore submitted for decision 
in said courts and remaining undecided may be reviewed on appeal 
at the instance of either party by the United States Court of Customs 
Appeals, provided such appeal be taken within one year from the date 
of the entry of the order, judgment, or decree sought to be reviewed. 

Sec. 197. Immediately upon the organization of the Court of 
Customs Appeals, all cases within the jurisdiction of that court pend¬ 
ing and not submitted for decision in any of the United States circuit 
courts of appeals, United States circuit, territorial or district courts, 
shall, with the record and samples therein, be certified by said courts 
to said Court of Customs Appeals for further proceedings in accord¬ 
ance herewith: Provided , That where orders for the taking of further 
testimony before a referee have been made in any of such cases, the 
taking of such testimony shall be completed before such certification. 


To be a court of 
record; to prescribe 
form and style of seal, 
and establish rules 
and regulations; may 
affirm, modify, or re¬ 
verse and remand 
case, etc. 


5 Aug., 1909, 36 Stat. 
L„ 105, 107, c. 6, s. 28. 


Final decisions of 
Board of General Ap¬ 
praisers to be reviewed 
only by customs court 


5 Aug., 1909, 36 Stat. 
L„ 106 c. 6, s. 28. 


Other courts de¬ 
prived of jurisdiction 
in customs cases; 
pending cases ex¬ 
cepted. 


5 Aug., 1909, 36 Stat. 
L., 106, c. 6, s. 28. 


Transfer to customs 
courtof pendingeases; 
completion of testi¬ 
mony. 


6 Aug., 1909, 36 Stat. 
L„ 107, c. 6, s. 28. 






70 


THE JUDICIARY.— Ch. 8. 


Appeals from Board 
of General Apprais¬ 
ers; time within 
which to be taken; 
record to be trans¬ 
mitted to customs 
court. 


5 Aug., 1909, 36 Stat. 
L., 107, c. 6, s. 28. 


Records filed in cus¬ 
toms court to be at 
once placed on calen¬ 
dar; calendar to be 
called every sixty 
days. _ 

5 Aug., 1909, 36Stat. 
L., 107, c. 6, s. 28. 


Sec. 198. If the importer, owner, consignee, or agent of any im¬ 
ported merchandise, or the collector or Secretary of the Treasury, 
shall be dissatisfied with the decision of the Board of General Ap¬ 
praisers as to the construction of the law and the facts respecting the 
classification of such merchandise and the rate of duty imposed thereon 
under such classification, or with any other appealable decision of said 
board, they, or either of them, may, within sixty days next after the 
entry of such decree or judgment, and not afterwards, apply to the 
Court of Customs Appeals for a review of the questions of law and 
fact involved in such decision: Provided , That in Alaska and in the 
insular and other outside possessions of the United States ninety days 
shall be allowed for making such application to the Court of Customs 
Appeals. Such application shall be made by filing in the office of the 
clerk of said court a concise statement of errors of law and fact com¬ 
plained of; and a copy of such statement shall be served on the col¬ 
lector, or on the importer, owner, consignee, or agent, as the case may 
be. Thereupon the court shall immediately order the Board of Gen¬ 
eral Appraisers to transmit to said court the record and evidence 
taken by them, together with the certified statement of the facts in¬ 
volved in the case and their decision thereon; and all the evidence 
taken by and before said board shall be competent evidence before 
said Court of Customs Appeals. The decision of said Court of Cus¬ 
toms Appeals shall be final, and such cause shall be remanded to said 
Board of General Appraisers for further proceedings to be taken in 
pursuance of such determination. 

Sec. 199. Immediately upon receipt of any record transmitted to 
said court for determination the clerk thereof shall place the same 
upon the calendar for hearing and submission; and such calendar 
shall be called and all cases thereupon submitted, except for good 
cause shown, at least once every sixty days: Provided , That such 
calendar need not be called during the months of July and August 
of any year. 




THE JUDICIARY.— Ch. 8. 


71 


CHAPTER NINE. 


THE COMMERCE COURT. 


Sec. 

200. Commerce Court created; judges 

of, appointment and designa¬ 
tion ; expense allowance to 
judges. 

201. Additional circuit judges; ap¬ 

pointment and assignment. 

202. Officers of the court; clerk, mar¬ 

shall, etc.; salaries, etc. 

203. Court to be always open for busi¬ 

ness; sessions of, to be held in 
Washington and elsewhere. 

204. Marshals to provide rooms for 

holding court outside of Wash¬ 
ington. 

205. Assignment of judges to other 

duty; vacancies, how filled. 

206. Powers of court and judges; writs, 

process, procedure, etc. 

207. Jurisdiction of the court. 

208. Suits to enjoin, etc., orders of 

Interstate Commerce Commis¬ 
sion to be against United 
States; restraining orders, when 
granted without notice. 


Sec. 

209. Jurisdiction of the court, how in¬ 

voked ; practice and procedure. 

210. Final judgments and decrees re- 

viewable in Supreme Court. 

211. Suits to be against United States; 

when United States may inter¬ 
vene. 

212. Attorney-General to control all 

cases; Interstate Commerce 
Commission may appear as of 
right; parties interested may 
intervene, etc. 

213. Complainants may appear and be 

made parties to case. 

214. Pending cases to be transferred to 

Commerce Court; exception; 
status of transferred cases. 


Sec. 200 . There shall be a court of the United States, to be known 
as the Commerce Court, which shall be a court of record, and 
shall have a seal of such form and style as the court may prescribe. 
The said court shall be composed of five judges, to be from time to time 
designated and assigned thereto by the Chief Justice of the United 
States, from among the circuit judges of the United States, for the 
period of five years, except that in the first instance the court shall be 
composed of the five additional circuit judges referred to in the 
next succeeding section, who shall be designated by the President 
to serve for one, two, three, four, and five years, respectively, in 
order that the period of designation of one of the said judges shall 
expire in each year thereafter. In case of the death, resignation, or 
termination of assignment of any judge so designated, the Chief Jus¬ 
tice shall designate a circuit judge to fill the vacancy so caused and 
to serve during the unexpired period for which the original designa¬ 
tion was made. After the year nineteen hundred and fourteen no cir¬ 
cuit judge shall be redesignated to serve in the Commerce Court until 
the expiration of at least one year after the expiration of the period 
of his last previous designation. The judge first designated for the 
five-year period shall be the presiding judge of said court, and there¬ 
after the judge senior in designation shall be the presiding judge. The 
associate judges shall have precedence and shall succeed to the place 
and powers of the presiding judge whenever he may be absent or 
incapable of acting in the order of the date of their designations. 
Four of said judges shall constitute a quorum, and at least a majority 
of the court shall concur in all decisions. Each of the judges during 
the period of his service in the Commerce Court shall, on account of 
the regular sessions of the court being held in the city of Washington, 
receive in addition to his salary as circuit judge an expense allowance 
at the rate of one thousand five hundred dollars per annum. 

Sec. 201 . The five additional circuit judges authorized by the act 
to create a Commerce Court, and for other purposes, approved June 
eighteenth, nineteen hundred and ten, shall hold office during good 
behavior, and from time to time shall be designated and assigned by 

64100—12-6 


Commerce Court 
created; judges of, ap¬ 
pointment and desig¬ 
nation; expense al¬ 
lowance to judges. 


18 June, 1910, 36 
Stat. L„ 539, 540, c. 
309, s. 1. 


Additional circuit 
judges; appointment 
and assignment. 


18June, 1910,36Stat. 
L., 540, c. 309, s. 1. 





72 


THE JUDICIARY.— Ch. 9. 


Officers of the court 
clerk, marshal, etc. 
salaries, etc. 


18 June, 1910,36 Stat. 
L., 540, c. 309, s. 1. 


Court to be always 
open for business; ses¬ 
sions of to be held in 
Washington and else¬ 
where. 


18 June, 1910,36 Stat. 
L., 541, c. 309,s.l. 


Marshals to pro¬ 
vide rooms for hold¬ 
ing court outside of 
Washington. 


18 June, 1910.36 Stat. 
L., 541, c. 309, s.l. 


Assignment of 
judges to other duty; 
vacancies, how filled. 


18 June, 1910, 36 Stat. 
L., 541, c. 309, s. 1. 


the Chief Justice of the United States for service in the district court 
of any district, or the circuit court of appeals for any circuit, or in 
the Commerce Court, and when so designated and assigned for service 
in a district court or circuit court of appeals shall have the powers 
and jurisdiction in this act conferred upon a circuit judge in his 
circuit. 

Sec. 202 . The court shall also have a clerk and a marshal, with the 
same duties and powers, so far as they may be appropriate and are 
not altered by rule of the court, as are now possessed by the clerk and 
marshal, respectively, of the Supreme Court of the United States. 
The offices of the clerk and marshal of the court shall be in the city 
of Washington, in the District of Columbia. The judges of the court 
shall appoint the clerk and marshal, and may also appoint, if they 
find it necessary, a deputy clerk and deputy marshal; and such clerk, 
marshal, deputy clerk, and deputy marshal, shall hold office during 
the pleasure of the court. The salary of the clerk shall be four thou¬ 
sand dollars per annum; the salary of the marshal three thousand 
dollars per annum; the salary of the deputy clerk two thousand five 
hundred dollars per annum; and the salary of the deputy marshal two 
thousand five hundred dollars per annum. The said clerk and marshal 
may, with the approval of the court, employ all requisite assistance. 
The costs and fees in said court shall be established by the court in a 
table thereof, approved by the Supreme Court of the United States, 
within four months after the organization of the court; but such costs 
and fees shall in no case exceed those charged in the Supreme Court 
of the United States, and shall be accounted for and paid into the 
Treasury of the United States. 

Sec. 203. The Commerce Court shall be always open for the trans¬ 
action of business. Its regular sessions shall be held in the city of 
Washington, in the District of Columbia; but the powers of the court 
or of any judge thereof, or of the clerk, marshal, deputy clerk, or 
deputy marshal, may be exercised anywhere in the United States; and 
for expedition of the work of the court and the avoidance of undue 
expense or inconvenience to suitors the court shall hold sessions in 
different parts of the United States as may be found desirable. The 
actual and necessary expenses of the judges, clerk, marshal, deputy 
clerk, and deputy marshal of the court incurred for travel and attend¬ 
ance elsewhere than in the city of Washington shall be paid upon the 
written and itemized certificate of such j udge, clerk, marshal, deputy 
clerk, or deputy marshal, by the marshal of the court, and shall be 
allowed to him in the settlement of his accounts with the United 
States. 

Sec. 204. The United States marshals of the several districts out¬ 
side of the city of Washington in which the Commerce Court may 
hold its sessions shall provide, under the direction and with the 
approval of the Attorney-General, such rooms in the public buildings 
of the United States as may be necessary for the court’s use; but in 
case proper rooms can not be provided in such public buildings, said 
marshals, with the approval of the Attorney-General, may then lease 
from time to time other necessary rooms for the court. 

Sec. 205. If, at any time, the business of the Commerce Court 
does not require the services of all the judges, the Chief Justice of the 
United States may, by writing, signed by him and filed in the De¬ 
partment of Justice, terminate the assignment of any of the judges 
or temporarily assign him for service in any district court or circuit 
court of appeals. In case of illness or other disability of any judge 
assigned to the Commerce Court the Chief Justice of the United 
States may assign any other circuit judge of the United States to act 
in his place y and may terminate such assignment when the exigenev 






THE JUDICIARY.— Ch. 9. 


73 


therefor shall cease; and any circuit judge so assigned to act in place 
of such judge shall, during his assignment, exercise all the powers 
and perform all the functions of such judge. 

Sec. 206. In all cases within its jurisdiction the Commerce Court, 
and each of the judges assigned thereto, shall, respectively, have and 
may exercise any and all of the powers of a district court of the United 
States and of the judges of said court, respectively, so far as the same 
may be appropriate to the effective exercise of the jurisdiction hereby 
conferred. The Commerce Court may issue all w r rits and process 
appropriate to the full exercise of its jurisdiction and powers and 
may prescribe the form thereof. It may also, from time to time, 
establish such rules and regulations concerning pleading, practice, 
or procedure in cases or matters within its jurisdiction as to the 
court shall seem wise and proper. Its orders, writs, and process 
may run, be served, and be returnable anywhere in the United 
States; and the marshal and deputy marshal of said court and also 
the United States marshals and deputy marshals in the several dis¬ 
tricts of the United States shall have like powers and be under like 
duties to act for and in behalf of said court as pertain to United 
States marshals and deputy marshals generally when acting under 
like conditions concerning suits or matters in the district courts of the 
United States. 

Sec. 207. The Commerce Court shall have the jurisdiction pos¬ 
sessed by circuit courts of the United States and the judges thereof 
immediately prior to June eighteenth, nineteen hundred and ten, 
over all cases of the following kinds: 

First. All cases for the enforcement, otherwise than by adjudica¬ 
tion and collection of a forfeiture or penalty or by infliction of crimi¬ 
nal punishment, of any order of the Interstate Commerce Commission 
other than for the payment of money. 

Second. Cases brought to enjoin, set aside, annul, or suspend in 
whole or in part any order of the Interstate Commerce Commission. 

Third. Such cases as by section three of the Act entitled “An Act 
to further regulate commerce with foreign nations and among the 
States,” approved February nineteenth, nineteen hundred and three, 
are authorized to be maintained in a circuit court of the United 
States. 

Fourth. All such mandamus proceedings as under the provisions 
of section twenty or section twenty-three of the Act entitled “An Act 
to regulate commerce,” approved February fourth, eighteen hundred 
and eighty-seven, as amended, are authorized to be maintained in a 
circuit court of the United States. 

Nothing contained in this chapter shall be construed as enlarging 
the jurisdiction now possessed by the circuit courts of the United 
States or the judges thereof, that is hereby transferred to and vested 
in the Commerce Court. 

The jurisdiction of the Commerce Court over cases of the foregoing 
classes shall be exclusive; but this chapter shall not affect the juris¬ 
diction now possessed by any circuit or district court of the United 
States over cases or proceedings of a kind not within the above- 
enumerated classes. 

Sec. 208 . Suits to enjoin, set aside, annul, or suspend any order 
of the Interstate Commerce Commission shall be brought in the Com¬ 
merce Court against the United States. The pendency of such suit 
shall not of itself stay or suspend the operation of the order of the 
Interstate Commerce Commission: but the Commerce Court, in its 
discretion, may restrain or suspend, in whole or in part, the operation 
of the commission’s order pending the final hearing and determina¬ 
tion of the suit. No order or injunction so restraining or suspending 
an order of the Interstate Commerce Commission shall be made by 


Powers of court and 
judges: writs, process, 
procedure, etc. 


18 June, 1910,36 Stat. 
L., 541, c. 309, s. 1. 


Jurisdiction of the 
court. 


18 June, 1910,36 Stat. 
L., 539, c. 309, s. 1. 


Suits to enjoin, etc., 
orders of Interstate 
Commerce Commis 
sion to be against 
United States; re¬ 
straining orders, 
when granted with¬ 
out notice. 


18 June, 1910,36 Stat. 
L„ 542, c. 309, s. 3. 





74 


THE JUDICIARY.— Ch. 9. 


Jurisdiction of 
court, how invoked; 
practice and proce¬ 
dure. 


18 June,1910,36 Stat. 
L., 541, c. 309, s. 1. 


Final judgments 
and decrees review- 
able in Supreme 
Court. 


18 June, 1910,36 Stat. 
L., 542, c. 309, s. 2. 


the Commerce Court otherwise than upon notice and after hearing, 
except that in cases where irreparable damage would otherwise ensue 
to the petitioner, said court, or a judge thereof may, on hearing after 
not less than three days’ notice to the Interstate Commerce Commis¬ 
sion and the Attorney-General, allow a temporary stay or suspension 
in whole or in part of the operation of the order of the Interstate 
Commerce Commission for not more than sixty days from the date 
of the order of such court or judge, pending application to the court 
for its order or injunction, in which case the said order shall contain 
a specific finding, based upon evidence submitted to the judge making 
the order and identified by reference thereto, that such irreparable 
damage would result to the petitioner and specifying the nature of 
the damage. The court may, at the time of hearing such applica¬ 
tion, upon a like finding, continue the temporary stay or suspension 
in whole or in part until its decision upon the application. 

Sec. 209. The jurisdiction of the Commerce Court shall be inVoked 
by filing in the office of the clerk of the court a written petition setting 
forth briefly and succinctly the facts constituting the petitioner’s cause 
of action, and specifying the relief sought. A copy of such petition 
shall be forthwith served by the marshal or a deputy marshal of the 
Commerce Court or by the proper United States marshal or deputy 
marshal upon every defendant therein named, and when the United 
States is a party defendant, the service shall be made by filing a copy 
of said petition in the office of the Secretary of the Interstate Com¬ 
merce Commission and in the Department of Justice. Within thirty 
days after the petition is served, unless that time is extended by order 
of the court or a judge thereof, an answer to the petition shall be filed 
in the clerk’s office, and a copy thereof mailed to the petitioner’s attor¬ 
ney, which answer shall briefly and categorically respond to the alle¬ 
gations of the petition. No replication need be filed to the answer, and 
objections to the sufficiency of the petition or answer as not setting 
forth a cause of action or defense must be taken at the final hearing or 
by motion to dismiss the petition based on said grounds, which motion 
may be made at any time before answer is filed. In case no answer 
shall be filed as provided herein the petitioner may apply to the 
court on notice for such relief as may be proper upon the facts alleged 
in the petition. The court may, by rule, prescribe the method of 
taking evidence in cases pending in said court; and may prescribe 
that the evidence be taken before a single judge of the court, with 
power to rule upon the admission of evidence. Except as may be 
otherwise provided in this chapter, or by rule of the court, the practice 
and procedure in the Commerce Court shall conform as nearly as may 
be to that in like cases in a district court of the United States. 

Sec. 210 . A final judgment or decree of the Commerce Court may 
be reviewed by the Supreme Court of the United States if appeal to 
the Supreme Court be taken by an aggrieved party within sixty days 
after the entry of said final judgment or decree.' Such appeal may 
be taken in like manner as appeals from a district court of the United 
States to the Supreme Court, and the Commerce Court may direct 
the original record to be transmitted on appeal instead of a tran¬ 
script thereof. The Supreme Court may affirm, reverse, or modify 
the final judgment or decree of the Commerce Court as the case may 
require. Appeal to the Supreme Court, however, shall in no case super¬ 
sede or stay the judgment or decree of the Commerce Court appealed 
from, unless the Supreme Court or a justice thereof shall so direct; and 
appellant shall give bond in such form and of such amount as the 
Supreme Court, or the justice of that court allowing the stay, may 
require. An appeal may also be taken to the Supreme Court of the 
United States from an interlocutory order or decree of the Commerce 
Court granting or continuing an injunction restraining the enforce- 




THE JUDICIARY.— Ch. 9. 


75 


ment of an order of the Interstate Commerce Commission, provided 
such appeal be taken within thirty days from the entry of such order 
or decree. Appeals to the Supreme Court under this section shall 
have priority in hearing and determination over all other causes 
except criminal causes in that court. 

Sec. 211 . All cases and proceedings in the Commerce Court which 
but for this chapter would be brought by or against the Interstate 
Commerce Commission, shall be brought by or against the United 
States, and the United States may intervene in any case or proceeding 
in the Commerce Court whenever, though it has not been made a 
party, public interests are involved. 

Sec. 212 . The Attorney-General shall have charge and control of 
the interests of the Government in all cases and proceedings in the 
Commerce Court, and in the Supreme Court of the United States upon 
appeal from the Commerce Court. If in his opinion the public inter¬ 
est requires it, he may retain and employ in the name of the United 
States, within the appropriations from time to time made by the 
Congress for such purposes, such special attorneys and counselors 
at law as he may think necessary to assist in the discharge of any of 
the duties incumbent upon him and his subordinate attorneys; and the 
Attorney-General shall stipulate with such special attorneys and 
counsel the amount of their compensation, which shall not be in ex¬ 
cess of the sums appropriated therefor by Congress for such purposes, 
and shall have supervision of their action: Provided , That the Inter¬ 
state Commerce Commission and any party or parties in interest to 
the proceeding before the commission, in which an order or require¬ 
ment is made, may appear as parties thereto of their own motion and 
as of right, and be represented by their counsel, in any suit wherein 
is involved the validity of such order or requirement or any part 
thereof, and the interest of such party; and the court wherein is pend¬ 
ing such suit may make all such rules and orders as to such appear¬ 
ances and representations, the number of counsel, and all matters of 
procedure, and otherwise, as to subserve the ends of justice and speed 
the determination of such suits: Provided further , That communities, 
associations, corporations, firms, and individuals who are interested 
in the controversy or question before the Interstate Commerce Com¬ 
mission, or in any suit which may be brought by any one under the pro¬ 
visions of this chapter, or the Acts of which it is amendatory or which 
are amendatory or it, relating to action of the Interstate Commerce 
Commission, may intervene in said suit or proceedings at any time 
after the institution thereof; and the Attorney-General shall not 
dispose of or discontinue said suit or proceeding over the objection 
of such party or intervenor aforesaid, but said intervenor or inter- 
venors may prosecute, defend, or continue said suit or proceeding 
unaffected by the action or non-action of the Attorney-General 
therein. 

Sec. 213. Complainants before the Interstate Commerce Commis¬ 
sion interested in a case shall have the right to appear and be made 
parties to the case and be represented before the courts by counsel, 
under such regulations as are now permitted in similar circumstances 
under the rules and practice of equity courts of the United States. 

Sec. 214. Until the opening of the Commerce Court, all cases and 
proceedings of which from that time the Commerce Court is hereby 
given exclusive jurisdiction may be brought in the same courts and 
conducted in like manner and with like effect as is now provided by 
law; and if any such case or proceeding shall have gone to final judg¬ 
ment or decree before the opening of the Commerce Court, appeal may 
be taken from such final judgment or decree in like manner and with 
like effect as is now provided by law. Any such case or proceeding 
within the jurisdiction of the Commerce Court which may have been 


Suits to be against 
United States; when 
United States may in¬ 
tervene. 


18 June, 1910, 36 
Stat. L., 543, c. 309, 
S. 4. 


Attorney-General to 
control all cases: 
Interstate Commerce 
Commission may ap¬ 
pear as of right; par¬ 
ties interested may 
intervene, etc. 


18 June, 1910, 36 
Stat. L., 543, c. 309. 
s. 5. 


Complainants may 
appear and be made 
parties to case. 


18 June, 1910, 36 
Stat. L., 544, c. 309, 
s. 5. 


Pending cases to be ' 
transferred to com¬ 
merce court; excep¬ 
tion; status of trans¬ 
ferred cases. 

18 June, 1910, 36 
Stat. L., 544, c. 309, 
s. 6. 





76 


THE JUDICIARY.-Ch. 9-10. 



Number of justices. 
R. S., s. 673. 


begun in any other court as hereby allowed, before the said date, shall 
be forthwith transferred to the Commerce Court, if it has not yet pro¬ 
ceeded to final judgment or decree in such other court unless it has 
been finally submitted for the decision of such court, in which case the 
cause shall proceed in such court to final judgment or decree and fur¬ 
ther proceeding thereafter, and appeal may be taken direct to the 
Supreme Court; and if remanded, such cause may be sent back to 
the court from which, the appeal was taken or to the Commerce Court 
for further proceeding as the Supreme Court shall direct. All pre¬ 
vious proceedings in such transferred case shall stand and operate 
notwithstanding the transfer, subject to the same control over them 
by the Commerce Court and to the same right of subsequent action in 
the case or proceeding as if the transferred case or proceeding had 
been originally begun m the Commerce Court. The clerk of the court 
from which any case or proceeding is so transferred to the Commerce 
Court shall transmit to and file in the Commerce Court the originals of 
all papers filed in such case or proceeding and a certified transcript of 
all record entries in the case or proceeding up to the time of transfer. 


CHAPTER TEN. 

THE SUPREME COURT. 


Sec. 

215. Number of justices. 

216. Precedence of the associate jus¬ 

tices. 

217. Vacancy in the office of Chief 

Justice. 

218. Salaries of justices. 

219. Clerk, marshal, and reporter. 

220. The clerk to give bond. 

221. Deputies of the clerk. 

222. Records of the old court of ap¬ 

peals. 

223. Tables of fees. 

224. Marshal of the Supreme Court. 

225. Duties of the reporter. 

226. Reporter’s salary and allowances. 

227. Distribution of reports and di¬ 

gests. 

228. Additional reports and digests; 

limitation upon cost; estimates 
to be submitted to Congress an¬ 
nually. 

229. Distribution of Federal Reporter, 

etc., and Digests. 

230. Terms. 

231. Adjournment for want of a 

quorum. 

232. Certain orders made by less than 

quorum. 

233. Original jurisdiction. 

234. Writs of prohibition and man¬ 

damus. 

235. Issues of fact. 

236. Appellate jurisdiction. 

237. Writs of error from judgments 

and decrees of State courts. 

23S. Appeals and writs of error from 
United States district courts. 
239. Circuit court of appeals may cer¬ 
tify questions to Supreme Court 
for instruction. 


Sec. 

240. Certiorari to circuit court of ap¬ 

peals. 

241. Appeals and writs of error in 

other cases. 

242. Appeals from Court of Claims. 

243. Time and manner of appeals from 

the Court of Claims. 

244. Writs of error and appeals from 

Supreme Court of and United 
States district court for Porto 
Rico. 

245. Writs of error and appeals from 

the Supreme Courts of Arizona 
and New Mexico. 

246. Writs of error and appeals from 

the Supreme Court of Hawaii. 

247. Appeals and writs of error from 

the district court for Alaska di¬ 
rect to Supreme Court in cer¬ 
tain cases. 

248. Appeals and writs of error from 

the Supreme Court of the 
Philippine Islands. 

249. Appeals and writs of error when 

a Territory becomes a State. 

250. Appeals and writs of error from 

the Court of Appeals of the Dis¬ 
trict of Columbia. 

251. Certiorari to Court of Appeals. 

District of Columbia. 

252. Appellate jurisdiction under the 

bankruptcy act. 

253. Precedence of writs of error to 

State courts. 

254. Cost of printing records. 

255. Women may be admitted to prac¬ 

tice. 


Sec. 215. The Supreme Court of the United States shall consist 
of a Chief Justice of the United States and eight associate justices, 
any six of whom shall constitute a quorum. 






THE JUDICIARY.— Chs. 10. 


77 


Sec. 216. The associate justices shall have precedence according to 
the dates of their commissions, or, when the commissions of two or 
more of them bear the same date, according to their ages. 

Sec. 217. In case of a vacancy in the office of Chief Justice, or of 
his inability to perform the duties and powers of his office, they shall 
devolve upon the associate justice who is first in precedence, until 
such disability is removed, or another Chief Justice is appointed and 
duly qualified. This provision shall apply to every associate justice 
who succeeds to the office of Chief Justice. 

Sec. 218. The Chief Justice of the Supreme Court of the United 
States shall receive the sum of fifteen thousand dollars a year, and 
the justices thereof shall receive the sum of fourteen thousand five 
hundred dollars a year each, to be paid monthly. 

Sec. 219. The Supreme Court shall have power to appoint a clerk 
and a marshal for said court, and a reporter of its decisions. 

Sec. 220. The clerk of the Supreme Court shall, before he enters 
upon the execution of his office, give bond, with sufficient sureties, to 
be approved by the court, to the United States, in the sum of not less 
than five thousand and not more than twenty thousand dollars, to be 
determined and regulated by the Attorney-General, faithfully to dis¬ 
charge the duties of his office, and seasonably to record the decrees, 
judgments, and determinations of the court. The Supreme Court 
may at any time, upon the motion of the Attorney-General, to be 
made upon thirty days’ notice, require a new bond, or a bond for an 
increased amount within the limits above prescribed; and the failure 
of the clerk to execute the same shall vacate his office. All bonds 
given by the clerk shall, after approval, be recorded in his office, and 
copies thereof from the records, certified by the clerk under seal of 
the court, shall be competent evidence in any court. The original 
bonds shall be filed in the Department of Justice. 

Sec. 221. One or more deputies of the clerk of the Supreme Court 
may be appointed by the court on the application of the clerk, and may 
be removed at the pleasure of the court. In case of the death of the 
clerk, his deputy or deputies shall, unless removed, continue in office 
and perform the duties of the clerk in his name until a clerk is ap¬ 
pointed and qualified; and for the defaults or misfeasances in office of 
any such deputy, whether in the lifetime of the clerk or after his 
death, the clerk, and his estate, and the sureties on his official bond 
shall be liable; and his executor or administrator shall have such rem¬ 
edy for any such defaults or misfeasances committed after his death 
as the clerk would be entitled to if the same had occurred in his life¬ 
time. 

Sec. 222. The records and proceedings of the Court of Appeals, 
appointed previous to the adoption of the present Constitution, shall 
be kept in the office of the clerk of the Supreme Court, who shall give 
copies thereof to any person requiring and paying for them, in the 
manner provided by law for giving copies of the records and proceed¬ 
ings of the Supreme Court; and such copies shall have like faith and 
credit with all other proceedings of said court. 

Sec. 223. The Supreme Court is authorized and empowered to 
prepare the tables of fees to be charged by the clerk thereof. 

Sec. 224. The marshal is entitled to receive a salary at the rate of 
four thousand five hundred dollars a year. He shall attend the 
court at its sessions; shall serve and execute all process and orders 
issuing from it. or made by the Chief Justice or an associate justice 
in pursuance of law; and'shall take charge of all property of the 
United States used by the court or its members. With the approval 
of the Chief Justice he may appoint assistants and messengers to 
attend the court, with the compensation allowed to officers of the 
House of Representatives of similar grade. 


Precedence of the 
associate justices. 

R. S., s. 674. 

Vacancy in the of 
flee of Chief Justice. 

R. S., s. 675. 


Salaries of justices. 


R. S., s. 676. 

12 Feb., 1903,32 Stat. 
L., 825, C. 547. 


Clerk, marshal, and 
reporter. 


R. S., s. 677. 

The clerk to give 
bond. 


22 Feb., 1875,18 Stat. 
L., 333, c. 95, s. 3; 1 
Supp., 65. 


Deputies of the 
clerk. 

R. S..S.678. 


Records of the old 
court of appeals. 

R.S.,s.679. 


Tables of fees. 


3 Mar., 1883, 22 Stat. 
L„ 631, c. 143; 1 Supp. 
421. 

Marshal of the Su¬ 
preme Court. 


R. S.,s. 680. 












78 


THE JUDICIARY.— Ch. 10. 


Duties of 
porter. 


R.S.,s.681. 

12 Feb., 1889,25Stat. 
L., 661, c. 135, S. 2; 1 
Supp., 642. 

1 July, 1902, 32 Stat. 
L., 631, c. 1355, s. 3. 


Reporter’s salary 
and allowances. 


R.S.,s.682. 

5 Aug., 1882, 22 Stat. 
L., 254, c. 389; lSupp., 
374. 

12 Feb., 1889,25 Stat. 
L., 661, c. 135, s. 2; 1 
Supp., 642. 


Distribution of re¬ 
ports and digests. 

R. S., s. 683. 

12 Feb., 1889, 25 Stat. 
L„ 661, c. 135, s. 2; 1 
Supp., 642. 

1 July, 1902, 32 Stat. 
L., 630, c. 1355. 


Sec. 225. The reporter shall cause the decisions of the Supreme 
Court to be printed and published within eight months after they 
are made; and within the same time he shall deliver three hundred 
copies of the volumes of said reports to the Attorney-General. The 
reporter shall, in any year when he is so directed by the court, cause 
to be printed and published a second volume of said decisions, of 
which he shall deliver a like number of copies in like manner and 
time. 

Sec. 226. The reporter shall be entitled to receive from the Treas¬ 
ury an annual salary of four thousand five hundred dollars when 
his report of said decisions constitutes one volume, and an additional 
sum of one thousand two hundred dollars when, by direction of the 
court, he causes to be printed and published in any year a second 
volume; and said reporter shall be annually entitled to clerk hire in 
the sum of one thousand two hundred dollars, and to office rent, sta¬ 
tioner} 7 , and contingent expenses in the sum of six hundred dollars: 
Provided , That the volumes of the decisions of the court heretofore 
published shall be furnished by the reporter to the public at a sum 
not exceeding two dollars per volume, and those hereafter published 
at a sum not exceeding one dollar and seventy-five cents per volume; 
and the number of volumes now required to be delivered to the 
Attorney-General shall be furnished by the reporter without any 
charge therefor. Said salary and compensation, respectively, shall 
be paid only when he causes such decisions to be printed, published, 
and delivered within the time and in the manner prescribed by law, 
and upon the condition that the volumes of said reports shall be sold 
by him to the public for a price not exceeding one dollar and seventy- 
five cents a volume. 

Sec. 227. The Attorney-General shall distribute copies of the 
Supreme Court reports, as follows: To the President, the justices of 
the Supreme Court, the judges of the Commerce Court, the judges of 
the Court of Customs Appeals, the judges of the circuit courts of 
appeals, the judges of the district courts, the judges of the Court of 
Claims, the judges of the Court of Appeals and of the Supreme 
Court of the District of Columbia, the judges of the several Terri¬ 
torial courts, the Secretary of State, the Secretary of the Treasury, 
the Secretary of War, the Secretary of the Navy, the Secretary of 
the Interior, the Postmaster-General, the Attorney-General, the Sec¬ 
retary of Agriculture, the Secretary of Commerce and Labor, the 
Solicitor-General, the Assistant to the Attorney-General, each As¬ 
sistant Attorney-General, each United States district attorney, each 
Assistant Secretary of each Executive Department, the Assistant 
Postmasters-General, the Secretary of the Senate for the use of the 
Senate, the Clerk of the House of Representatives for the use of the 
House of Representatives, the Governors of the Territories, the Solic¬ 
itor for the Department of State, the Treasurer of the United States, 
the Solicitor of the Treasury, the Register of the Treasury, the Comp¬ 
troller of the Treasury, the Comptroller of the Currency, the Com¬ 
missioner of Internal Revenue, the Director of the Mint, each of the 
six Auditors in the Treasury Department, the Judge-Advocate-Gen¬ 
eral, War Department, the Paymaster-General, War Department, 
the Judge-Advocate-General, Navy Department, the Commissioner 
of Indian Affairs, the Commissioner of Pensions, the Commissioner 
of the General Land Office, the Commissioner of Patents, the Commis¬ 
sioner of Education, the Commissioner of Labor, the Commissioner of 
Navigation, the Commissioner of Corporations, the Commissioner 
General of Immigration, the Chief of the Bureau of Manufactures, 
the Director of the Geological Survey, the Director of the Census, the 
Forester, Department of Agriculture, the Purchasing agent, Post- 
Office Department, the Interstate Commerce Commission, the Clerk of 
the Supreme Court of the United States, the Marshal of the Supreme 
Court of the United States, the Attorney for the District of Colum- 





THE JUDICIARY.— Ch. 10. 


79 


bia, the Naval Academy at Annapolis, the Military Academy at 
West Point, and the heads of such other executive offices as may be 
provided by law, of equal grade with any of said offices, each one 
copy; to the Law Library of the Supreme Court, twenty-five copies; 
to the Law Library of the Department of the Interior, two copies; 
to the Law Library of the Department of Justice, two copies: to the 
Secretary of the Senate for the use of the committees of the Senate, 
twenty-five copies; to the Clerk of the House of Representatives for 
the use of the committees of the House, thirty copies; to the Mar¬ 
shal of the Supreme Court of the United States, as custodian of the 
public property used by the court, for the use of the justices thereof 
in the conference room, robing room, and court room, three copies; 
to the Secretary of War for the use of the proper courts and officers 
of the Philippine Islands and for the headquarters of military de¬ 
partments in the United States, twelve copies; and to each of the 
places where district courts of the United States are now holden, 
including Hawaii, and Porto Rico, one copy. He shall also distribute 
one complete set of said reports, and one set of the digests thereof, 
to such executive officers as are entitled to receive said reports under 
this section and have not already received them, to each United 
States judge and to each United States district attorney who has not 
received a set, to each of the places where district courts are now 
held to which said reports have not been distributed, and to each of 
the places at which a district court may hereafter be held, the edition 
of said reports and digests to be selected by the judge or officer 
receiving them. No distribution of reports and digests under this 
section shall be made to any place where the court is held in a build¬ 
ing not owned by the United States, unless there be at such place a 
United States officer to whose responsible custody they can be com¬ 
mitted. The clerks of said courts (except the Supreme Court) shall 
in all cases keep said reports and digests for the use of the courts 
and of the officers thereof. Such reports and digests shall remain 
the property of the United States, and shall be preserved by the 
officers above named and by them turned over to their successors in 
office. 

Sec. 228. The publishers of the decisions of the Supreme Court 
shall deliver to the Attorney-General, in addition to the three hun¬ 
dred copies delivered by the reporter, such number of copies of each 
report heretofore published, as the Attorney-General may require, 
for which he shall pay not more than two dollars per volume, and 
such number of copies of each report hereafter published as he may 
require, for which he shall pay not more than one dollar and. seventy- 
five cents per volume. The Attorney-General shall include in his 
annual estimates submitted to Congress, an estimate for the current 
volumes of such reports, and also for the additional sets of reports 
and digests required for distribution under the section last preceding. 

Sec. 229. The Attorney-General is authorized to procure complete 
sets of the Federal Reporter or, in his discretion, other publication 
containing the decisions of the circuit courts of appeals, circuit 
courts, and district courts, and digests thereof, and also future 
volumes of the same as issued, and distribute a copy of each such 
reports and digests to each place where a circuit court of appeals, or 
a district court, is now or may hereafter regularly be held, and to 
the Supreme Court of the United States, the Court of Claims, the 
Court of Customs Appeals, the Commerce Court, the Court of Appeals 
and the Supreme Court of the District of Columbia, the Attorney- 
General, the Solicitor-General, the Solicitor of the Treasury, the 
Assistant Attorney-General for the Department of the Interior, the 
Commissioner of Patents, and the Interstate Commerce Commission; 
and to the Secretary of the Senate, for the use of the Senate, and 
to the Clerk of the House of Representatives, for the use of the 


Additional reports 
and digests; limita¬ 
tion upon cost; esti¬ 
mates to be submitted 
to Congress annually. 


1 July, 1902, 32 Stat. 
L., 631, c. 1355, ss. 3,4, 
6 . 


Distribution of Fed¬ 
eral Reporter, etc., 
and digests. 



80 


THE JUDICIARY.— Ch. 10. 


House of Representatives, not more than three sets each. Whenever 
any such court room, office, or officer shall have a partial or complete 
set of any such reports, or digests, already purchased or owned by 
the United States, the Attorney-General shall distribute to such 
court room, office, or officer only sufficient volumes to make a com¬ 
plete set thereof. No distribution of reports or digests under this 
section shall be made to any place where the court is held in a build¬ 
ing not owned by the United States, unless there be at such place a 
United States officer to whose responsible custody they can be com¬ 
mitted. The clerks of the courts (except the Supreme Court) to 
which the reports and digests are distributed under this section, shall 
keep such reports and digests for the use of the courts and the officers 
thereof. All reports and digests distributed under the provisions of 
this section shall be and remain the property of the United States 
and, before distribution, shall be plainly marked on their covers with 
the words “ The Property of the United States,” and shall be trans¬ 
mitted by the officers receiving them to their successors in office. Not 
to exceed two dollars per volume shall be paid for the back and 
current volumes of the Federal Reporter or other publication pur¬ 
chased under the provisions of this section, and not to exceed five 
dollars per volume for the digest, the said money to be disbursed 
under the direction of the Attorney-General; and the Attorney- 
General shall include in his annual estimates submitted to Congress, 
an estimate for the back and current volumes of such reports and 
digests, the distribution of which is provided for in this section. 
Terms. Sec. 230. The Supreme Court shall hold at the seat of government, 

r. s., s. 684 . one term annually, commencing on the second Monday in October. 

and such adjourned or special terms as it may find necessary for the 
dispatch of business. 

war^of a nn uorum for Sec. ^31L, If, at any session of the Supreme Court, a quorum does 
wan o aquorum. nQ j. a ^ en( j on the day appointed for holding it, the justices who do 

attend may adjourn the court from day to day for twenty days after 
said appointed time, unless there be sooner a quorum. If a quorum 
does not attend within said twenty days, the business of the court 
shall be continued over till the next appointed session; and if, during 
a term, after a quorum has assembled, less than that number attend 
on any day, the justices attending may adjourn the court from day 
to day until there is a quorum, or may adjourn without day. 

b ues^han r a e uorum e Sec. ^32. The justices attending at any term, when less than a 
>> css t anaquorurn. q Uorum - g p resen t ; may, within the twenty days mentioned in the 

r. s., s. 686. preceding section, make all necessary orders touching any suit, pro¬ 

ceeding, or process, depending in or returned to the court, preparatory 
to the hearing, trial, or decision thereof. 

original jurisdic- Sec. 233. The Supreme Court shall have exclusive jurisdiction of 

t1011 '_. — all controversies of a civil nature where a State is a party, except 

r. s„ s. 687. __ between a State and its citizens, or between a State and citizens of 

other States, or aliens, in which latter case it shall have original, but 
hoi’m v. Georgia. 2 no t exclusive, jurisdiction. And it shall have exclusively all such 
worth v. Virginia, 3 jurisdiction of suits or proceedings against ambassadors or other 
Lindsay!^ Dan.^ui’i public ministers, or their domestics or domestic servants,' as a court 
cranch^is^He’^burn l aw can have consistently with the law of nations; and original, 
r. jEiizey,° 2 crane™ but not exclusive, jurisdiction, of all suits brought by ambassadors, or 
feranch.^fcohens other public ministers, or in which a consul or vice-consul is a party. 

v. Virginia, 6 Wheat., 

264; Osborn v. U. S. Bank, 9 Wheat., 738; U. S. Bank v. Planters’ Bank, 9 Wheat,, 906; U. S. v. Ortega, 11 
Wheat., 467; Georgia v. Madrazo, 1 Pet., 257; Bank of Kentucky v. Wister, 2 Pet., 318; Cherokee Nation 
v. Georgia, 5 Pet., 15; New Jersey v. New York, 5- Pet., 284; Ex parte Madrazo, 7 Pet., 627; Kendall v. 

IT. S., 12 Pet., 637; Rhode Island v. Massachusetts, 12 Pet., 657,15 Pet., 233; Ex parte Barry, 2 How., 65: : 

Missouri v. Iowa. 7 How., 660; Darfington v. Bank of Alabama, 13 How., 12; Pennsylvania v. Wheel¬ 
ing Bridge Co., 13 How., 559; Curran v. Arkansas, 15 How., 304; Florida v. Georgia, 17 How., 478; Penn¬ 
sylvania v. Wheeling Bridge Co., 18 How., 462: Alabaman. Georgia, 23 How., 505; Kentucky v. Den¬ 
nison, 24 How., 98; Ex parte Vallandigham, 1 Wall., 252; Mississippi v. Johnson, 4 Wall., 501: Georgia 
v Stanton, 6 Wall., 50; Texas v. White, 7 Wall., 719; Pennsylvania v. Quicksilver Co., 10 Wall., 553; 

Blyew v. U. S., 13 Wall.,. 595; Dayis 'o. Gray, 16 Wall., 203; New Hampshire v: Louisiana, 108 U. S., 76; 

Borsv Preston, 111 U. S.,260; Stones. South Carolina, 117.U. S., 430; Wisconsin v. Pelican, 127 U. S.. 

265 - California v. Southern Pac. Rv. Co., 157 U. S., 229; Missouri v. Illinois & C. District; 180 U. S., 208; 

Louisiana v. Texas, 176 U. S-, 1; U. S. v. Shapleigh, 54 Fed. Rep., 130; Louisiana v. U. S., 22 C. Cls., 85. 




THE JUDICIARY.— Ch. 10. 


81 


Sec. 234. The Supreme Court shall have power to issue writs of 
prohibition to the district courts, when proceeding as courts of ad¬ 
miralty and maritime jurisdiction; and writs of mandamus, in cases 
warranted by the principles and usuages of law, to any courts ap¬ 
pointed under the authority of the United States, or to persons hold¬ 
ing office under the authority of the United States, where a State, or 
an ambassador, or other public minister, or a consul, or vice-consul is a 
party. 

Ex parte Burr, 9 

\\ heat., 530; Ex parte Crane, 5 Pet., 190; Ex parte Davenport,6 Pet.,661; Ex parte Roberts, 6 Pet.,216; 
Ex parte Bradstreet, 7 Pet., 647; Life Ins. Co. v. Wilson, X Pet., 303; Litchfield v. Register, 9 Pet., 577; 
Life Ins. Co. v. Adams, 9 Pet., 573; Kendall v. V. S., 12 Pet., 615; Ex parte Whitney, 13 Pet., 404; Ex 
parte Hoyt, 13 Pet., 279; Decatur v. Paulding, 14 Pet., 499; Kendall v. Stokes, 3 How., 100; Ex parte 
Christy, 3 How., 292; Brashear y. Mason, 6 How., 92; Reeside v. Walker, 11 How., 272; Ex parte Taylor, 
14 How., 3; Ex parte Many, 14 How., 24; U. S. v. Seaman, 17 How., 230; U. S. v. Guthrie, 17 How., 284; 
U. S. v. Guthrie, 17 How., 304; Ex parte Secombe, 19 How.. 13; Kentucky v. Dennison, 24 How., 97; 
U. S. v. Gomez, 3 Wall., 752; U. S. v. Hoffman, 4 Wall., 158; Commissioners. Whiteley, 4 Wall., 522; 
U. S. v. Commissioner, 5 Wall., 563; Ex parte Warmouth, 7 Wall., 64; Gaines v. Thompson, 7 Wall., 
353: Ex parte Bradley, 7 Wall., 375; Secretary y. McGarrahan, 9 Wall., 314; Ex parte Graham,10 Wall., 
541; Ex parte Newman, 14 Wall., 152; Ex parte U. S., 16 Wall., 699; Ex parte Cutting, 94 U. S., 20: Ex 
parte Flippin, 94 U. S., 350; Ex parte Loring, 94 U. S., 418; Ex parte Easton, ,95 U. S., 72; Ex parte 
Railroad Co., 95 U. S., 221; Virginia y. Rives, 100 IT. S., 313; Ex parte Railway Co., 101 U. S., 720; Ex 
parte Perry, 102 U. S., 183; Ex parte Burtis, 103 IT. S., 238; Ex parte Railway Co., 103 U. S., 794; Ex 
parte Gordon, 104 U. S.,516; Ex parte Ferry Co., 104 U. S., 520; Ex parte Hoard,' 105 U. S., 579; Ex parte 
Wall., 107 U. S., 272: Ex parte B. and O. R. Co., 108 U. S., 567; Chesapeake R. Co. v. White, 111 IT. S., 
134; Harrington v. Holler, 111 U. S., 796; Butterworth y. Hoe, 112 U. S,, 68; Ex parte Virginia Commis¬ 
sioners, 112 U. S., 177; Ex parte Morgan, 114 U. S., 175; Smith v. Whitney, 116 U. S., 176; Ex parte 
Brown, 116 U. S., 401; Carriek v. Lamar, 116 U. S., 426; Ex parte Ralston, 119 U. S., 613; Ex parte Par¬ 
ker, 120 U. S., 743; Re Sherman, 127 U. S., 364; Re Burdett, 127 U. S., 771: In re Pennsylvania Co., 137 
U. S., 451; In re Cooper, 138 U. S., 404; American Cons. Co. y. Jacksonville, etc., R. Co., 148 U. S., 372; 
In re Blake, 175 U. S., 114; Shelly v. St. Charles Co., 30 Fed. Rep., 603. 


Writs of prohibition 
and mandamus. 


R. S., s. 688. 

IT. S. v. Lawrence, 
3 Dali., 42; U. S. y. 
Peters, 3 Dali., 121; 
Marbury v. Madison, 1 
Cranch, 137; McCluny 
v. Silliman, 2 Wheat", 
369; Cohens y. Vir¬ 
ginia, 6 Wheat., 400; 


Sec. 235. The trial of issues of fact in the Supreme Court, in all -Jg!^gg. of f act - _ 

actions at law against citizens of the United States, shall be by jury. r, - s m- b - 689 ~_ 

Capital Traction y. 
Hof, 174 U. S„ 1. 

Sec. 236. The Supreme Court shall have appellate jurisdiction in tif ;^ ppellate i nrisdic - 
the cases hereinafter specially provided for. 

r J c R. S., s. 690. 


Durousseau v. U. S.,6 Cranch, 314; Ex parte Vallandigham, 1 Wall., 251; Ex parte McCardle, 7 Wall., 
506; Hoadley v. San Francisco, 94 U. S., 4; U. S. v. Young, 94 U. S., 258; Railroad Co. v. Grant, 98 U. S., 
398; Railroad Co. y. Trook, 100 U. S., 112; Paving Co. v. Mulford, 100 U. S., 147; Ayers v. Chicago, 101 
U. S., 184; Dennison v. Alexander, 103 U. S., 522; Morey y. Lockhart, 123 U. S., 56: Nat. Ex. Bank y. 
Peters, 144 U. S., 570; U. S. v. Coe, 155 U. S., 76; Cobb v. Globe Ins. Co., 3 Hughes, 455, 5 Fed.,Cas.,1125: 
Warner v. Penn. R. Co., 13 Blatch., 231, 29 Fed. Cas., 260. 


Sec. 237. A final judgment or decree in any suit in the highest •,, dglnents e and f r d“ 
court of a State in which a decision in the suit could be had, where is crees of State courts, 
drawn in question the validity of a treaty or statute of, or an authority r. s„ s. 709 ~ 
exercised under, the United States, and the decision is against their 01ney 7 Armild 3 
validity; or where is drawn in question the validity of a statute of, or Daii.. 308 : Gordon ' v. 
an authority exercised under any State, on the ground of their being 268; Owings v. Nor- 
repugnant to the Constitution, treaties, or laws of the United States, cranch, 344 ^Matthews 
and the decision is in favor of their validity; or where any title, right, 1 I p Zl ) l t ne ' I1 4Cnv S ; ^': 382: 
privilege, or immunity is claimed under the Constitution, or any crunch,' 445; Williams 
treaty or statute of, or commission held or authority exercised ii 7 f 0 M 1 ontgomery a v! 
under, the United States, and the decision is against the title, right, ^g^Mnier’^NicimiV 
privilege, or immunity especially set up or claimed, by either party, 4 “wheat., 311 ; Mart hi 
under such Constitution, treaty, statute, commission, or authority, whcat n , te 304 ; ingieeh* 
may be reexamined and reversed or affirmed in the Supreme Court cwHdge, 2 ^ wheat., 
upon a writ of error. The writ shall have the same effect as if the 6 wheat.? 448;^ificWe 
judgment or decree complained of had been rendered or passed in a Ross^.Barilndn'pe^i 
court of the United States. The Supreme Court may reverse, modify, creek mhVmi'co' 
or affirm the judgment or decree of such State court, and may, at their 2Pet.,245; satterieev! 
discretion, award execution or remand the same to the court from ^o^'weston 1. city 
which it was removed by the writ. 2 °Pet Cil n9 h Harul°r’ 

Dennie, 3 Pet., 292; 

Craig v. Missouri, 4 Pet., 410; Fisher y. Cockerell, 5 Pet., 248: Maynard v. Aspasia, 5 Pet., 505; Davis v. 
Packard, 6 Pet., 41; City of New Orleans v. De Arinas, 9 Pet., 224; Crowell v. Randall, 10 Pet., 368; Reed’s 
Lessee y. Marsh, 13 Pet., 153; Ocean Ins. Co. v. Polleys, 13 Pet., 157; Mitchell v. Lenox, 14 Pet., 49; Ken¬ 
tucky v. Griffith, 14 Pet., 56; Holmes v. Jennison, 14 Pet., 540; Fulton v. McAffee, 16 Pet., 149: McBride 
V. Hoey, 11 Pet., 167; City of Mobile v. Eslava, 16 Pet., 234; Armstrong v. Athens Co., 16 Pet., 281; Mills 
v. Brown, 16 Pet., 525; Chouteau c. Eckhart, 2 How., 344; Mackay v. Dillon, 4 How.,421; Peppery. Dun¬ 
lap, 5 How., 51; Walker v. Taylor. 5 How., 64; Commercial Bank of Cincinnati v. Buckingham, 5 How., 
317; Scotty. Jones, 5 How., 343; Erwin r. Lowry, 7 flow., 172; Smith y. Hunter, 7 How., 738; Almones- 
ter v. Kenton, 9 How., 1; Strader y. Baldwin, 9 How., 261; Doe v. Eslava, 9 How., 421; Doe v. Mobile, 
9 How., 451; Clements r. Berry, 11 How., 398; Webster r. Reid, 11 How., 437; Gill y. Oliver’s Executors, 
ll How;, 529; Miner’s Bank v.*Iowa, 12 How., 1; Williams y. Oliver, 12 How., Ill; Kanouse r. Martin, 
14 How., 23; Lawler y. Walker, 14 How., 149; State Bank of Ohio v. Knoop, 16 How., 369; Poydras de la 
Lande v. Treasurer of Louisiana, 17 How., 1; Heirs of Poydras de la Lande y. Treasurer of Louisiana, 










82 


THE JUDICIARY.— Ch. 10. 


IS How., 192; Calcote v. Stanton, 18 How., 243: Maxwell v. Xewbold, 18 How., 511; U. S. v. Booth, 18 
How.. 476; Cousin r. Blanc, 19 How.. 202; Bell v. Hearne, 19 How., 252; Michigan Central R. R. v. 
Michigan Southern R. R., 19 How.. 378; Burke v. Gaines. 19 How., 388; Wynn v. Morris, 20 How., 3; 
Christ Church r. County of Philadelphia. 20 How.. 26; Withers r. Buckley, 20 How.. 84; Moreland r. 
Paige. 20 How., 522; Beers v. Arkansas, 20 How.. 527: Abelman v. Booth,21 How., 506; White v. Wright, 
22 How., 19: Verden v. Coleman. 22 How.. 192; Lytle r. Arkansas, 22 How., 193; Berthold v. McDonald, 
22 How., 334; Medbury v. State of Ohio, 24 How., 413- Porter t\ Foley, 24 How.. 415: Reddall v. Bryan, 
24 How., 420: Magwire r. Tyler. 1 Black. 195: Attorney-General r. Federal Street Meeting House. 1 
Black. 262: Famey p. Towle.1 Black, 350: Taylor r. Morton. 2 Black, 481: Congdon r. Goodman. 2 Black, 
574; Hoyt v. Sheldon, 1 Black, 518; Day r. Gallup, 2 Wall., 97; Minnesota e. Batchelder, 1 Wall., 109: 
Bridge Proprietors p. Hoboken Company. 1 Wall.. 116: The Binghampton Bridge, 3 Wall., 51: Lewis v. 
Campau. 3 Wall.. 106: Mining Company v. Boggs. 3 Wall.. 304: Buck v. Colbath, 3 Wall., 334: McGuire 
r. The Commonwealth,3 Wall.. 382: Ex parte Milligan. 4 Wall.. 113; R. R. Company r. Rock. 4 Wall.. 
177: Lanfear c. Hunley. 4 Wall.. 209: Ryan v. Thomas. 4 Wall.. 603: Green f. Van Buskirk. 5 Wall., 307: 
Townsend r. Greeley. 5 Wall.. 326: Walker v. Villavaseo, 6 Wall., 124: Rector v. Ashley, 6 Wall., 142; 
Reichart r. Felps, 6 Wall., 160: Millingar p. Hartuppe. 6 Wall., 258: The Victory. 6 Wall., 382; Hamilton 
County r. Massachusetts. 6 Wall., 682: The Banks r. The Mayor, 7 Wall., 16: Twitchell v. The Common¬ 
wealth, 7 Wall.. 821: Austin r. The Alderman, 7 Wall., 694; Furman v. Xichol, 8 Wall., 44; Gibson v. 
Chouteau. 8 Wall.. 314; Aldrich r. .Etna Company, 8 Wall., 491: Maguire r. Tyler, 8 Wall., 650; Worthy 
r. The Commissioners. 9 Wall.. 611; Downham v. Alexandria. 9 Wall., 661; Gleason v. Florida, 9 Wall., 
779: Carpenter v. Williams, 9 Wall.. 785; Messenger v. Mason, 10 Wall., 507: Rug Company v. McClure. 
10 Wall., 511: Bethel t>. Demaret. 10 Wall.. 537; Parma lee r. Lawrence. 11 Wall.. 36; Phoenix Ins. Co. 
r. Treasurer, 11 Wall.. 204: Rankin r. The State. 11 Wall., 380: Knox r. The Exchange Bank, 12 Wall.. 
379: People r. Central R. Co.. 12 Wall.. 455: Trebilcock r. Wilson. 12 Wall.. 687; West Tennessee Bank 
r. Citizens' Bank. 13 Wall.. 482: Dooley r. Smith. 13 Wall.. 604; Cockroft v. Vose, 14 Wall., 5; Tennessee 
Bank. West. r. Bank of Louisiana. 14 Wall.. 9: Palmer r. Marston, 14 Wall., 10; Sevier v. Haskell, 14 
Wall., 13: Steines r. Franklin. 14 Wall.. 15: Kennebec R. R. r. Portland R. R.. 14 Wall., 23: Bartemeyer 
>■. Iowa, 14 Wall., 26: Hurley r. Street, 14 Wall.. 85: Caperton v. Bowyer, 14 Wall., 216; Caperton v. Ballard, 

14 Wall., 238; O'Dowd v. Russell, 14 Wall.. 402: Delmas v. Ins. Co.'. 14 Wall., 661; Railroad Co. v. Rich¬ 
mond, 15 Wall.. 3: Railroad Co. r. Johnson. 15 Wall., 8: Tarver r. Reach. 15 Wall.,67; Salomons t\ Gra¬ 
ham. 15 Wall., 208: Pennywit v. Eaton. 15 Wall.. 380: Moses r. The Mayor. 15 Wall., 387; Hall v. Jordan, 

15 Wall.. 393; Commercial Bank r. Rochester. 15 Wall., 639; Smith r. Adsit. 16 Wall., 185: Bank v. Turn- 
bull, 16 Wall.. 190; Taylor r. Taintor. 16 Wall., 366; Steamboat Company p. Chase, 16 Wall., 522; Crapo c. 
Kelly. 16 Wall.. 610; Tyler r. Magwire, 17 Wall., 253: Miller r. Joseph. 17 Wall.. 655: Murdock v. The 
City of Memphis, 20 Wall..590; Matthews t\ MeStea, 20 Wall., 646: Dupasseur v. Rocheau, 21 Wall., 130: 
Edwards r. Elliot et al., 21 Wall.. 532: Moore r. Mississippi. 21 Wall.. 636: Scott. Assignee, r. Kelly, 22 
Wall., 57: Gregory r. McVeigh. 23 Wall.. 294; Smith e. Adsit, 23 Wall., 368; Fashnacht v. Frank, 23 Wall., 
416: Long et al. r. Converse et al.. 91 C.S., 105: Insurance Co. v. Atigusta. 93 D. S.. 116; U. S. v. Thomp¬ 
son et al., 93 U. S.. 586; Williams r. Bruffy. 96 U. S.. 176: Murray t>. Charleston, 96 U. S.. 432: Keith r. 
Clark, 97 D. S.. 484: Citizens’ Bank v. Board of Liquidators. 9S U.S., 140; Bank v. McVeigh, 98 U. S., 382: 
Lange r. Benedict, 99 U. S.. 71: Myrick r. Thompson, 99 U. S.. 294: Cniversity v. People, 99 U. S., 309; 
Marquez r. Frisbie. 101 U. S., 473: Williams r. Weaver, 100 U. S., 547: Daniels r. Tearney, 102 U. S.. 415; 
Hartman r. Greenhow. 202 l'. S., 672: Sharpe r. Doyle. 102 U. S., 686; Williams v. Louisiana. 103 U. S., 
637: Morrison r. Stalnaker, 104 U. 8., 213: Boughton p. Exchange Bank, 104 U. S., 427: Dugger v. Bocock, 
104 U. S.. 596: Poppe v. Langford. 104 U. S.. 770: Swope r. Leffingwell, 105 U. S.. 3: Bostwick t>. Brin- 
kerhoff, 106 U. S.. 3: Brown r. Colorado. 106 U. S., 95: Miller v. Lancaster Bank, 106 U. S., 544; Roth r. 
Ehman, 107 U. S., 319; Allen r. McVeigh, 107 U. S.. 433; Baldwin v. Stark. 107 U. S., 463: Hill r. Hard¬ 
ing. 107 U. S., 631: Crossley v. New Orleans. 108 U. S.. 105; Gross v. U. S. Mortgage Co., 108 U. S., 477: 
Susquehanna Boom Co. r. Branch Boom Co.. 110 U. S., 57: Jenkins v. Lowenthal, 110 U. S.,222: Mitchell 
f. Clark. 110 U. S., 633: Chouteau v. Gibson, 111 1. S.. 200; Supervisors of Santa Cruz County v. B. R. 
Co.. Ill F. S., 361; Mansfield R. Co. v. Swan. Ill U. S., 379; San Francisco v. Scott. Ill U.S.. 768: Adams 
County p. R. R. Company, 112 U. S., 123; Chicago Ins. Co. r. Needles, 113 U. S., 574: Mower v. Fletcher, 
114 U. S.. 127: Railway Co. v. Guthard. 114 U. S.. 133: Railway Co. v. Delamore, 114 U. S., 501: Simmer- 
man p. Nebraska. 116 U. S.. 54; Renaud r. Abbot, 116 U. S.. 277: Johnson v. Keith, 117 U. S., 199: South¬ 
ern Pac. Ry. Co. v. California. 118 U. S., 109: Arrowsmith v. Harmoning. 118 U. S., 194: Bonahan r. 
Nebraska. 118 U. S„ 231: Palmer v. Hussey, 119 U. S., 96: Ker v. Illinois, 119 U. S., 436; Mace v. Merrill. 
119 U. S.. 581: Kansas Endowment Assn. r. Kansas, 120 U. S., 103: Crescent City, etc., Co. r. Butchers’ 
Union, 120 U. S.. 141: Lehigh Water Co. p. Easton, 121 U. S.. 388: Carson v. Dunham, 121 U. S., 421; 
Spies v. niinois, 123 U. S., 131: Stryker r. Goodnow. 123 U. S.. 538: Chapman r. Goodnow. 123 U. S.. 548; 
Des Moines Nav. Co. r. Iowa Homestead Co., 123 U. S„ 555: In re Craft. 124 U. S., 370; French v. Hop¬ 
kins, 124 U. S., 524: Phillips r. Mound City Assn., 124 U. S.. 605; New OrleansWater Works v. Louisiana 
Sugar Co., 125 U. S., 31; Hannibal R. Co. r. Missouri R. P. Co., 125 U. S., 260; Spencer v. Merchant, 125 
U. S.. 352; In re Royal. 125 U. S., 696: Jones v. Craig. 127 U. S., 213; De Saussure p. Gaillard, 127 U. S.. 
234; ChappeR v. Bradshaw. 128 U. S., 182: Minneapolis R. Co. r. Beckwith, 129 U. S.. 26: Shreveport v. 
Cole, 129 U. S.. 36: Baldwin r. Kansas. 129 U. S., 52: Farnsworth v. Montana, 129 U. S„ 104: McKenna 
r. Simpson, 129 U. S.. 506: Baltimore & P. R. Co. f. Hopkins, 130 U. S., 210; Hale t’. Akers, 132 U. S., 554; 
San Francisco r. Itsell, 133 U. S.. 65: Cole v. Cunningham. 133 U. S.. 107; Hopkins v. McLure, 133 U. S., 
3S0: Burthc r. Denis. 133 U. S.. 514: Medley, petitioner. 134 U. S.. 160; Beatty v. Benton. 135 U. S., 244; 
Cornell University r. Fiske, 136 U. S.. 152: Johnson r. Risk. 137 U. S.. 300: Butler v. Gage, 138 U. S., 52: 
Beauprt v. Noyes. 138 U. S., 397: Missouri r. Andriano, 138 U. S., 496: Cook County t’. Calumet Co., 138 
U. S.. 635: Leeper r. Texas, 139 U. S.. 462; Davis v. Texas. 139 U. S., 651; Williams r. Heard, 140 U. S., 
529: McNulta p. Lochridge. 141 U. S..827: New Orleans r. New Orleans W. Co.. 142 U. S.. 79; Kaukauna 
W. P. Co. v. Green Bay <fc M. Canal Co.. 142 U. S.. 254; Winona, etc.. R. Co. e. Plainview, 143 U.S., 371; 
O'Neil r.Vermont, 144U. S..323: Pickering r. Lomax. 145 U.S.,310; Meagher r. Minnesota T. M. Co., 145. 
U. S.. 608; McPherson v. Blacker. 146 U. S . 1: Roby v. Colehour. 146 U. S., 153; Cooke v. Avery, 147 U. S.: 
375: U. S. v. Taylor, 147 U. S., 695: In re Frederich, 149 U. S., 70; Loeber v. Schroeder. 149’ L T . S., 580; 
McNulty r. California. 149 U. S.. 645: Miller v. Swann, 150 U. S., 132; Eustis r. Bolles. 150 U. S., 361: 
Powell v. Brunswick County. 150 U. S.. 400: Texas & P. R. Co. r. Johnson, 151 U.S., 81: Newport Light 
Co. p. Newport, 151 U. S.. 527; Dower r. Richards. 151 U. S., 658: Shively r. Bowlby, 152 U. S.. 1: Duncan 
p. Missouri. 152 U. S- 377; Tennessee r. Union & P. Bank. 152 U. S.. 454: New Orleans v. Beniamin. 153 
U. S.. 411; Miller r. Texas. 123 U. S.. 535; New York i X. E. R.Co. v. Woodruff. 153 U.S.. 689: Morrison 
v. Watson. 154 U. S., Ill: N. P. R. Co. r. Patterson, 154 U. S., 130: Reagan r. Farmers' L. & T. Co., 154 
U. S., 362: McCullum r. Howard. 154 U. S..577: Gray r.Coan. 154U-S.,5S9: Hager v. California, 154U.S., 
639: McKnight r. James, 155 U.S., 685; St. Louis, etc., R. Co. r. Merriam. 156U.S..478; Savword v. Dennv, 
158 U. S.. 180: Borgemeyer r. Idler. 159 U. S.. 408: Ballew v. U. S., 160 U. S.. 187; Jersev City & B. R. Co. 
r. Morgan, 160U.S.. 288; Whitten p. Tomlinson, 160 U. S., '231: Missouri Pac. R. Co. v. Fitzgerald, 160U. S., 
556: Bank of Commerce v. Tennessee. 161 U. S.. 134: Stanley p. Schwalby. 162 U. S., 255; Great Western 
Tel. Co. r. Burnham. 162 U. S., 339: Bacon >. Texas, 163 U. S., '207; Chicago & N. W. R. Co. r. Chicago. 164 
U. S.. 454; Osborne r. Florida. 164 U. S.. 650; Clarke v. McDade, 165 U. S., 168: Pirn v. St. Louis, 165 U. S., 
273: McCormick r. Market Bank. 165 U. S.. 538: Wade r. Lawder, 165 U. S., 624; New York, etc., R. Co. 
r. New York. 155 U. S., 628; Chicago, etc., R. Co. r. Chicago. 166 U. S., 226: Oxley Stave Co. v. Butler 
County. 166 U. S.. 648: Levy r. Superior Court, 167 U. S.. 175; Union M. L. Ins. Co. r. Kirchoff, 169 U. S.. 
103; Greene Bay & M. Canal Co. r. Patten Paper Co., 172 U. S., 58; Capital Nai. Bank v. First Nat. Bank! 
172 U. S., 425: Columbia Water Power Co. r. Columbia Electric Co., 172 U. S., 475; Abbott v. Bank of 
Commerce. 175 U. S.. 409: Telluride Power Co. r. Rio Grande W. R. Co., 175 U. S., 639: American Express 
Co. r. Michigan. 177 U. S., 404; Taylor r. Beckham. 178 U. S.. 548: Chapin r. Fve. 179 U. S..127; Kepley 
r. niinois. 170 U. S.. 182: Meyer r. Richmond. 172 U. S.. 82; Pittsburg R. Co. t>. Long Island L. A T. Co., 

172 U. S., 493; Covington r. Kentucky. 173 U. S., 410: Price e. Forest, 173 U. S., 410: Bausman v. Dixon 

173 U. S.. 573; Allen r. So. Pac. R. Co.. 173 U. S.. 479: Pope v. Louisville R. Co., 173 U. S.. 573: Seudder 
r. Comptroller of N. Y.. 175 U. S., 32; In re Blake. 175 U. S., 114; The Paquette Habana, 175 U. S., 677- 


THE JUDICIARY.— Ch. 10. 


88 


Holt v. Indiana Mfg. Co., 176 U. S., 68; Bolin v. Nebraska, 176 U. S., 83; Rae v. Homestead Loan Co., 
176 U. S., 121; Abbott v. Tacoma Bank, 175 U. S., 409; Las Animas L. G. Co. v. U. S., 179 U. S., 201; Avery 
v. Popper, 179 U. S., 305; Baggs v. Martin, 179 U. S., 206; Tvler v. Judges, 179 U. S., 405; Yazoo & M. V. 
R. Co. v. Adams, 180 U. S., 1; Speed v. McCarthy, 181 U. S., 269; Gulf & S. I. R. Co. v. Hewes, 183 U. S. 
66; Tullock v. Mulvane, 184 U. S., 497; Sweringen v. St. Louis, 185 U. S., 38; Michigan Sugar Co. v. 
Michigan, 185 U. S., 112; Erie R. Co. v. Purdy, 185 U. S., 148; Southern R. Co. v. Allison, 190 U. S., 326; 
Defiance Water Co. v. Defiance, 191 U. S., 191; Pennsylvania R. R. Co. v. Hughes, 191 U. S., 485; Spencer 
v. Duplan Silk Co., 191 U. S., 531; Wabash R. Co. v. Pearce, 192 U. S., 184; Giles v. Teasley, 193 U. S., 160. 

Sec. 238. Appeals and writs of error may be taken from the district of A e P rror 1 from d united 
courts, including the United States district court for Hawaii, direct states district courts, 
to the Supreme Court in the following cases: In any case in which 3Mar.,isoi,26stat. 
the jurisdiction of the court is in issue, in which case the question gu P p 2 % 03 . 517 ’ s ‘ 5: 1 
of jurisdiction alone shall be certified to the Supreme Court from L 20 4 ^ n ( ;^®J’ 2 29 ® tet: 
the court below for decision; from the final sentences and decrees 5 -ii. 49 " c ' 68 ’ 2 Supp- ’ 
in prize causes; in any case that involves the construction or applica- L.fl^’c’.^’s. 1 ^'^ 
tion of the Constitution of the United States; in any case in which s u’pp.,’ii59. 
the constitutionality of any law of the United States, or the validity wiscart v. Dauchy, 
or construction of any treaty made under its authority is drawn in Goodwin 3 "? c'ranch,' 
question; and in any case in which the constitution or law of a State wOTth U 94 U u H s m m- 
is claimed to be in contravention of the Constitution of the United Dow v . Johnson, 100 


States. 


U. S., 163;May®. Sloan, 
101 U. S., 231; Horner 
v. U. S„ 143 U. S„ 570; 

Shunk v. Moline M. S. and Co., 147 U. S., 500; Ogden v. U. S., 148 U. S., 390; Mexican Cent. Ry. Co. v. Pink¬ 
ney, 149 U. S., 194; Carey v. Houston and T. C. R. Co., 150 U. S., 170; Ex parte Lennon, 150 U. S., 393; 
Texas and Pac. R. Co. v. Saunders, 151 U. S., 105; Maynard v. Hect, 151 U. S., 324; Moran v. Hegerman, 
151 U. S., 329; Mason v. Pewabic Min. Co., 153 U. S., 361; McKane v. Durston, 153 U. S., 684; Greeley v. 
Lowe, 155 U. S., 58; U. S. v. Jahn, 155 U. S., 109; Re Lehigh Min. and Mfg. Co., 156 U. S., 322; Shields 
v. Coleman, 157 U. S., 168; Colvin v. Jacksonville, 157 U. S., 368; Lutcher v. U. S., 157 U. S., 427: Davis 
& Rankin Bldg, and Mfg. Co. v. Barber, 157 U. S., 673; The Treat Manfg. Co. v. Standard Steel and 
Iron Co., 157 U. S., 674; Colvin v. Jacksonville, 158 U. S., 456; The Bayonne, 159 U. S., 687; Bucklin v. 
U. S., 159 U. S. 680; Ansbro v. U. S., 159 U. S., 695; Chappell v. U. S., 159 U. S., 698; Interior Construction 
Co. v. Gibney, 160 U. S., 217; Van Wagenman v. Sewall, 160 U. S., 369; Chappell v. U. S., 160 U. S., 499; 
Smith v. McKay, 161 U. S.. 355; Ornelas v. Ruiz, 161 U. S., 502; Davis v. Geissler, 162 U. S., 290; Cornell 
v. Green, 163 U. S., 75; Scott v. Donald, 165 U. S., 58; Robinson v. Caldwell, 165 U. S., 359; Sheppard v. 
Adams, 168 U. S., 618; McHenry v. Alford, 168 U. S., 651; Penn. Life Ins. Co. v. Austin, 168 U. S., 685. 
Holder v. Aultman, Miller & Co., 169 U. S., 81; Wetmore v. Rymer, 169 U. S., 115; Winston v. U. S., 172 
U. S., 303; Passavant v. U. S., 148 U. S., 214; U. S. v. Jahn, 155 U. S., 109; Muse v. Arlington Hotel Co., 
168 U. S., 430; Shepard v. Adams, 168 U. S., 618; Harkrader v. Wadley, 173 U. S., 501; Blythe v. Hinck¬ 
ley, 173 U. S., 501: Huntington v. Laidley, 176 U. S., 668; Re Commingon, 177 U. S., 457; Carter v. Rob¬ 
erts, 177 U. S., 496; Cin., H. and D. R. Co. v. Thiebaud, 177 U. S., 615; Merritt v. Bowdoin College, 169 
U. S., 551; Good Shot v. U. S.. 179 U. S., 87; Arkansas v. Schlierholz, 179 U. S., 598; Lampasas v. Bell, 180 
U. S., 276; Rice v. Ames, 180 U. S., 371; Florida v. Eurnam, 180 U. S., 402; Am. Sugar Ref. Co. v. New 
Orleans, 181 U. S., 277; Chin Bak Kan v. U. S., 185 U. S., 213; Bowker v. U. S., 186 U. S., 135; Denver 
Bank v. Klue, 186 U. S., 202; Security Trust Co. v. Dent, 187 U. S., 237; Macfarland v. Brown, 187 U. S., 
239; Cary Mfg. Co. v. Acme Clasp Co., 187 U. S., 427; Ayres v. Polsdorper, 187 U. S., 585; N. Pac. R. Co. 
v. Loderberg, 188 U. S., 526; Cummins v. Chicago, 188 U. S. 410; Union Bank v. Memphis, 189 U. S., 
71; The Roanoke, 189 U. S., 185; Giles v. Harris, 189 U. S., 475; O’Neal v. U. S., 190 U. S., 36; Gates v. 
Bucki, 53 Fed. Rep., 961; Fidelity Trust and Safety Vault Co. v. Mobile St. R. Co., 54 Fed. Rep., 126; 
Cabot v. McMasters, 65 Fed. Rep., 533; Hastings v. Ames, 68 Fed. Rep., 726; U. S. v. Severens, 71 Fed. 
Rep., 768; Pullman’s Palace Car Co. v. Central Transp. Co , 71 Fed. Rep., 809; Pullman’s Palace Car 
Co. v. Central Transp. Co., 76 Fed. Rep., 401; In re Newman, 79 Fed. Rep., 615; Wrightman v. Boone 
County ,?88 Fed.JRep., 435. 

Sec. 239. In any case within its appellate jurisdiction, as defined in * P eais C may 0 c^r 0 ti a f P y 
section one hundred and twenty-eight, the circuit court of appeals questions to supreme 
at any time may certify to the Supreme Court of the United States Court for instruction. 
any questions or propositions of law concerning which it desires the L 3 s £ 11 1 

instruction of that court for its proper decision; and thereupon the su’pp.,903. 
Supreme Court may either give its instruction on the questions and Lau Ow Bew v. U. S., 
propositions certified to it, which shall be binding upon the circuit bus Watch Co. v. Rob- 
court of appeals in such case, or it may require that the whole record xlxas knd Pa C S R. co. : 
and cause be sent up to it for its consideration, and thereupon shall ^h'S^natf U e tc’ 
decide the whole matter in controversy in the same manner as if it r. co.^McKeenfi^ 
had been brought there for review by writ of error or appeal. rkimtf i& uXiss; 

Rider v.U. S., 163U. S., 132; U. S. Howecker, 164 U. S., 46; Cross v. Evans, 167 U. S.,60; Warner New 
Orleans. 167 U. S., 467; U. S. v. U. P. R. Co., 168 U. S., 505; McHenry v. Alford, 168 U. S., 651; Powers v. 
C. and O. R. Co., 169 U. S., 92; Emsheimer v. New Orleans, 186 U. S., 33; Farmers’ and M. State Bank 
v. Armstrong, 49 Fed. Rep., 600; Fabre v. Cunard S. S. Co., 59 Fed. Rep., 500; Barling v. Bank of British 
North America, 50 Fed. Rep., 260; White v. Ewing, 66 Fed. Rep., 2; Andrews v. National F. and P. 
Works, 77 Fed. Rep., 774. 






84 


THE JUDICIARY.— Ch. 10. 


court of r appeais ircuit Sec. 240 . In any case, civil or criminal, in which the judgment or 
decree of the circuit court of appeals is made final by the provisions 
L.f 82s!'c!In, s. fi; 1 1 of this Title, it shall be competent for the Supreme Court to require, 
s upp., 903. by certiorari or otherwise, upon the petition of any party thereto, any 

s In 2^ e »w 14 le U w su °h case to be certified to the Supreme Court for its review and 
r'.’u. s., 144 u. s.. 47; determination, with the same power and authority in the case as if 
s.! c i97'; S chfcago 4 and it had been carried by appeal or writ of error to the Supreme Court. 

Northwestern R. Co. 

v. Osborne, 116 U. S., 354; American Const. Co. v. Jacksonville, Tampa, etc., R. Co., 148 U. S.. 372; 

Smith v. Vulcan Iron Works, 165 U. S., 518; The Three Friends, 166 U. S., 1; The Conqueror, 166 U. S., 

110; Panama It. Co. v. NapierS. Co., 166 U. S., 280; Forsyth v. Hammond, 166 U. S., 506; Kingman v. 

Western M£g. Co., 170 U. S., 675; Hubbard v. Tod, 171II. S., 474; Good Shot v. U. S., 179 U. S,, 87; U. S. 
v. Swan, 65 Fed. Rep., 647. 

Appeals and writs of 
error in other cases. 


Sec. 241 . In any case in which the judgment or decree of the cir¬ 
cuit court of appeals is not made final by the provisions of this Title, 
l ’ there shall be of right an appeal or writ of error to the Supreme 

supp., 904. Court of the United States where the matter in controversy shall 

n. p. r. co. v. Ama- exceed one thousand dollars, besides costs. 

to, 144 U. S., 465; Aspen 

M. and S. Co. v. Billings, 150 U. S., 31; Colorado C. C. M. Co. v. Turck. 150 U. S., 138; Voorhees v. Noye 
Mfg. Co., 151 U. S., 135; U. P. R. Co. v. Harris, 158 U. S., 326; U. S. v. American Bell Tel. Co., 159 U. S., 

548; Folsom v. U. S., 160 U. S., 221; Gregory v. Van Ee, 170 U. S., 643; Rouse v. Hornsby, 161 U. S., 588; 

Webster v. Daly, 163 U. S.,155; Huntington v. Saunders, 163 U. S., 319; U. S. v. Trans-Missouri Freight 
Assn., 166 U. S., 290; Texas and Pac. R. Co. v. Gentry, 163 U. S., 353; Lutcher v. IT. S., 157 U. S., 427; 

Benjamin v. New Orleans, 179 U. S., 171; Kirwan v. Murphy, 170 U. S., 205; Sonnentheil v. Moerlein 
Brewing Co., 172 U,S., 401: Third St. and S. R. Co. v. Lewis, 173 U. S., 457; Allen v. S. P. R. Co., 173 U. S., 

479; Pope v. L., N. A. and C. R. Co., 173 U. S., 573; Auten v. U. S. Nat. Bank. 174 U. S., 125; U. S. v. 

Krall, 174 U. S., 385; Anglo-Californian Bank v. U. S., 175 U. S., 37; Oregon R. Co. v. Balfour, 179 U. ,S., 

55; German Nat. Bank v. Speckert, 181 U. S., 407; Ritter v. Mutual Life Ins. Co., 72 Fed. Rep., 567; 

McLeod v. Graven, 79 Fed. Rep., 84. 

Appeals from Court 
of Claims. 

R. S., s. 707. 

3 Mar., 1887, 24 Stat. 

L„ 507, C. 359, s. 9; 1 
Supp., 561. 

U. S. v. Scofield, 131 
U. S.,36; U. S.v. Eaton, 

169 U. S., 333; U. S. v. 

Harsha, 172 U. S., 567. 

Time and manner 
of appeals from the 
Court of Claims. 

R. S., s. 708. 


Sec. 242. An appeal to the Supreme Court shall be allowed on 
behalf of the United States, from all judgments of the Court of 
Claims adverse to the United States, and on behalf of the plaintiff in 
any case where the amount in controversy exceeds three thousand 
dollars, or where his claim is forfeited to the United States by the 
judgment of said court as provided in section one hundred and 
seventy-two. 

Sec. 243. All appeals from the Court of Claims shall be taken 
within ninety days after the judgment is rendered, and shall be 
allowed under such regulations as the Supreme Court may direct. 


U. S. v. Adams, 6 Wall., 101; U. S. v. Clark, 94 U. S., 73; U. S. v. Young, 94 U. S., 258; Chase v. U. S., 
155 U. S., 489; La Abra Silver Mining Co. v. U. S., 175 U. S., 423. 

Writs of error and 
appeals from supreme 
court of and United, 

States district court 
for Porto Rico. 


12 Apr., 1900, 31 Stat. 
L„ 85, C. 191, s. 35; 2 
Supp., 1136. 


W ri ts of error and ap¬ 
peals from the su¬ 
preme courts of Ariz¬ 
ona and New Mexico. 

R. S., s. 702. 

3 Mar., 1885, 22 Stat. 
L., 444, c. 355, ss. 1, 2; 
1 Supp., 485. 

Germain v. Mason, 
154 U. S., 587; Mari¬ 
copa & P. R. Co. v. 


Sec. 244. Writs of error and appeals from the final judgments 
and decrees of the supreme court of, and the United States district 
court for, Porto Rico, may be taken and prosecuted to the Supreme 
Court of the United States, in any case wherein is involved the valid¬ 
ity of any copyright, or in which is drawn in question the validity 
of a treaty or statute of, or authority exercised under, the United 
States, or wherein the Constitution of the United States, or a treaty 
thereof, or an Act of Congress is brought in question and the right 
claimed thereunder is denied, without regard to the sum or value of 
the matter in dispute; and in all other cases in which the sum or value 
of the matter in dispute, exclusive of costs, to be ascertained by the 
oath of either party or of other competent witnesses, exceeds the sum 
or value of five thousand dollars. Such writs of error and appeals 
shall be taken within the same time, in the same manner, and under 
the same regulations as writs of error and appeals are taken to the 
Supreme Court of the United States from the district courts. 

Sec. 245 . Writs of error and appeals from the final judgments 
and decrees of the supreme courts of the Territories of Arizona and 
New Mexico may be taken and prosecuted to the Supreme Court of 
the United States in any case wherein is involved the validity of any 
copyright, or in which is drawn in question the validity of a treaty or 
statute of, or authority exercised under, the United States, without 
regard to the sum or value of the matter in dispute; and in all other 
cases in which the sum or value of the matter in dispute, exclusive 












THE JUDICIARY. -Ch. 10. 


85 


of costs, to be ascertained by the oath of either party or of other chapman 15 
competent witnesses, exceeds "the sum or value of five thousand dol- u.s p , 436; 

i arc v. Thomas 

707; Karrick v. Han- 

naman, 168 U. S., 328; Brown v. U.S., 171 U. S., 631; Simms v. Simms. 175 U. S., 162; Overby v. Gordon, 
177 U. S., 214; Keneday v. Sinnott, 179U. S., 606; Thompsons. Ferry, 180 U. S., 484: Magruder v. Armes, 
180 U. 8., 496; Armijo v. Armijo, 181 U. S., 558; Royal Ins. Co. v. Martin, 192 U. S., 156; Crabtree v. 
Madden, 54 Fed. Rep., 426. 

Sec. 246. Writs of error and appeals from the final judgments a p P eai s fromThVsm 
and decrees of the supreme court of the Territory of Hawaii may preme court of h»- 

be taken and prosecuted to the Supreme Court of the United States, _ u '.__ 

within the same time, in the same manner, under the same regula- Tj 3 °i,4 P c.’ s^'s 31 86 ?2 
tions, and in the same classes of cases, in which writs of error and supp./im 
appeals from the final judgments and decrees of the highest court L.;^ r c.m’s! 5 i Stat ' 
of a State in which a decision in the suit could be had, may be taken 
and prosecuted to the Supreme Court of the United States under the 
provisions of section two hundred and thirty-seven; and also in all 
cases wherein the amount involved, exclusive of costs, to be ascer¬ 
tained by the oath of either party or of other competent witnesses, 
exceeds the sum or value of five thousand dollars. 

Sec. 247. Appeals and writs of error may be taken and prose- Wr >ts of error and 
cuted from final judgments and decrees of the district court for court for Alaska di- 
Ihe district of Alaska or for any division thereof, direct to the fn^mmcaaes. Coun 
Supreme Court of the United States, in the following cases: In prize 6 June 1900 31stat 
causes; and in all cases which involve the construction or application l„ 414 , c. 786,’s, 504 ; 2 
of the Constitution of the United States, or in which the constitu- Snpp ” 1289 ‘ 
tionality of any law of the United States or the validity or construc¬ 
tion of any treaty made under its authority is drawn in question, or 
in which the constitution or law of a State is claimed to be in con¬ 
travention of the Constitution of the United States. Such writs 
of error and appeals shall be taken within the same time, in the 
same manner, and under the same regulations as writs of error and 
appeals are taken from the district courts to the Supreme Court. 

Sec. 248. The Supreme Court of the United States shall have Appeals and writs 
jurisdiction to review, revise, reverse, modify, or affirm the final supreme court of the 
judgments and decrees of the supreme court of the Philippine Is- - hlhppine IsIa nds - 
lands in all actions, cases, causes, and proceedings now pending therein l 1 ^! fa 1- 

or hereafter determined thereby, in which the Constitution, or any 
statute, treaty, title, right, or privilege of the United States is in¬ 
volved, or in causes in which the value in controversy exceeds twenty- 
five thousand dollars, or in which the title or possession of real estate 
exceeding in value the sum of twenty-five thousand dollars, to be 
ascertained by the oath of either party or of other competent wit¬ 
nesses, is involved or brought in question ; and such final judgments 
or decrees may and can be reviewed, revised, reversed, modified, or 
affirmed by said Supreme Court on appeal or writ of error by the 
party aggrieved, in the same manner, under the same regulations, 
and by the same procedure, as far as applicable, as the final judgments 
and decrees of the district courts of the United States. 

Sec. 249. In all cases where the judgment or decree of any court or 4P p ^{f e n n a' v ^e t rr°i I 
of a Territory might be reviewed by the Supreme Court on writ of tory becomes a State, 
error or appeal, such writ of error or appeal may be taken, within the R s>t s 703 ~ 
time and in the manner provided by law, notwithstanding such Ter- v —; 

ritory has, after such judgment or "decree, been admitted as a State; How., 589- Sheppard 
and the Supreme Court shall direct the mandate to such court as the Benner* Porter?^ 
nature of the writ of error or appeal requires. Batty ^o^how^k 

Preston v. Bracken, 10 How., 81; Freeborn v. Smith. 2 Wall.,160. 


U. S., 347; 
v. U. S., 164 
Springville 
, 166 U. S., 






86 


THE JUDICIARY.— Ch. 10. 


Appeals and writs 
of error from the 
court of appeals of the 
District of Columbia. 


R. S., s. 705. 

R. S. D. C., s. 84G. 

9 Feb., 1893,27 Stat. 
L., 436, c. 74, s. 8; 2 
Supp., 79. 

3 Mar., 1901, 31 Stat. 
L., 1227, c. 854, 8. 233; 
2 Supp., 1595. 


Chapman v. U. S., 164 
U. S., 436; In re Chap¬ 
man, 166 U. S., 661. 


Certiorari to court 
of appeals, District of 
Columbia. 


3 Mar., 1897, 29 Stat. 
L., 692, C. 390; 2 Supp., 
609. 

3 Mar., 1901, 31 Stat. 
L„ 1227, c. 854, s. 234; 
2 Supp., 1595. 


Appellate jurisdic¬ 
tion under the bank¬ 
ruptcy act. 


1 July, 1898, 30 Stat. 
L., 553, c. 541, ss. 24,25; 
2 Supp., 853. 


Sec. 250. Any final judgment or decree of the Court of Appeals of 
the District of Columbia may be reexamined and affirmed, reversed, 
or modified by the Supreme Court of the United States, upon writ 
of error or appeal, in the following cases: 

First. In cases in which the jurisdiction of the trial court is in 
issue; but when any such case is not otherwise reviewable in said 
Supreme Court, then the question of jurisdiction alone shall be certi¬ 
fied to said Supreme Court for decision. 

Second. In prize cases. 

Third. In cases involving the construction or application of the 
Constitution of the United States, or the constitutionality of any law 
of the United States, or the validity or construction of any treaty 
made under its authority. 

Fourth. In cases in which the constitution, or any law of a State, is 
claimed to be in contravention of the Constitution of the United 
States. 

Fifth. In cases in which the validity of any authority exercised 
under the United States, or the existence or scope of any power or 
duty of an officer of the United States is drawn in question. 

Sixth. In cases in which the construction of any law of the United 
States is drawn in question by the defendant. 

Except as provided in the next succeeding section, the judgments 
and decrees of said Court of Appeals shall be final in all cases arising 
under the patent laws, the copyright laws, the revenue laws, the 
criminal laws, and in admiralty cases; and, except as provided in the 
next succeeding section, the judgment and decrees of said Court of 
Appeals shall be final in all cases not reviewable as hereinbefore 
provided. 

Writs of error and appeals shall be taken within the same time, in 
the same manner, and under the same regulations as writs of error 
and. appeals are taken from the circuit courts of appeals to the 
Supreme Court of the United States. 

Sec. 251. In any case in which the judgment or decree of said Court 
of Appeals is made final by the section last preceding, it shall be com¬ 
petent for the Supreme Court of the United States to require, by cer¬ 
tiorari or otherwise, any such case to be certified to it for its review 
and determination, with the same power and authority in the case 
as if it had been carried by writ of error or appeal to said Supreme 
Court. It shall also be competent for said Court of Appeals, in any 
case in which its judgment or decree is made final under the section 
last preceding, at any time to certify to the Supreme Court of the 
United States any questions or propositions of law concerning which 
it desires the instruction of that court for their proper decision; and 
thereupon the Supreme Court may either give its instruction on the 
questions and propositions certified to it, which shall be binding upon 
said Court of Appeals in such case, or it may require that the whole 
record and cause be sent up to it for its consideration, and thereupon 
shall decide the whole matter in f controversy in the same manner as 
if it had been brought there for review by writ of error or appeal. 

Sec. 252. The Supreme Court of the United States is hereby in¬ 
vested with appellate jurisdiction of controversies arising in bank¬ 
ruptcy proceedings, from the courts of bankruptcy, from which it 
has appellate jurisdiction in other cases; and shall exercise a like 
jurisdiction from courts of bankruptcy not within any organized 
circuit of the United States and from the Supreme (jourt of the 
District of Columbia. 

An appeal may be taken to the Supreme Court of the United 
States from any final decision of a court of appeals allowing or reject¬ 
ing a claim under the laws relating to bankruptcy, under such rules 






THE JUDICIARY — Ch. 10-11. 


87 


and within such time as may be prescribed by said Supreme Court, 
in the following cases and no other: 

First. Where the amount in controversy exceeds the sum of two 
thousand dollars, and the question involved is one which might have 
been taken on appeal or writ of error from the highest court of a 
State to the Supreme Court of the United States; or 

Second. Where some justice of the Supreme Court shall certify 
that in his opinion the determination of the question involved in the 
allowance or rejection of such claim is essential to a uniform con¬ 
struction of the laws relating to bankruptcy throughout the United 
States. 

Controversies may be certified to the Supreme Court of the United 
States from other courts of the United States, and the former court 
may exercise jurisdiction thereof, and may issue writs of certiorari 
pursuant to the provisions of the United States laws now in force 
or such as may be hereafter enacted. 

Sec. 253. Cases on writ of error to revise the judgment of a State 
court in any criminal case shall have precedence on the docket of the 
Supreme Court, of all cases to which the Government of the United 
States is not a party, excepting only such cases as the court, in its 
discretion, may decide to be of public importance. 

Sec. 254. There shall be taxed against the losing party in each and 
every cause pending in the Supreme Court the cost of printing the 
record in such case, except when the judgment is against the United 
States. 

Sec. 255. Any woman who shall have been a member of the bar 
of the highest court of any State or Territory, or of the Court of 
Appeals of the District of Columbia, for the space of three years, and 
shall have maintained a good standing before such court, and who 
shall be a person of good moral character, shall, on motion, and the 
production of such record, be admitted to practice before the Supreme 
Court of the United States. 


CHAPTER ELEVEN. 


PROVISIONS COMMON TO MORE THAN ONE COURT. 

Sec. 


Sec. 

256. Cases in which jurisdiction of 

United States courts shall be 
exclusive of State courts. 

257. Oath of United States judges. 

258. Judges prohibited from practicing 

law. 

259. Traveling expenses, etc., of circuit 

justices and circuit and district 
judges. 

260. Salary of judges after resigna¬ 

tion. 

261. Writs of ne exeat. 

262. Power to issue writs. 

263. Temporary restraining orders. 

264. Injunctions; in what cases judge 

may grant. 

265. Injunctions to stay proceedings in 

State courts. 


266. Injunctions based on alleged un¬ 

constitutionality of State stat¬ 
utes; when and by whom may 
be granted. 

267. When suits in equity may be 

maintained. 

268. Power to administer oaths and 

punish contempts. 

269. New trials. 

270. Power to hold to security for the 

peace and good behavior. 

271. Power to enforce awards of for¬ 

eign consuls, etc., in certain 
cases. 

272. Parties may manage their causes 

personally or by counsel. 

273. Certain officers forbidden to act 

as attorneys. 

274. Penalty for violating preceding 

section. 


Sec. 256. The jurisdiction vested in the courts of the United States 
in the cases and proceedings hereinafter mentioned, shall be exclusive 
of the courts of the several States: 

First, Of all crimes and offenses cognizable under the authority of 
the United States. 

Second. Of all suits for penalties and forfeitures incurred under 
the laws of the United States. 

64100—12-7 




Precedence of writs 
of error to State 
courts. 


R. S., s. 710. 


Cost of printing rec¬ 
ords. 


3 Mar., 1877, 19 Stat. 
L., 344, c. 105; 1 Supp., 
136. 

Women may be ad¬ 
mitted to practice. 


15 Feb., 1879, 20 Stat. 
L., 292, c. 81; 1 Supp., 
217. 


Cases in which 
diction of United 
States courts shall be 
exclusive of State 
courts. 


R.S.,s. 711. 


New York v. Con¬ 
necticut, 4 Dali., 1; 
Martin v. Hunter, 1; 
Wheat.,304; Slocum v. 













88 


THE JUDICIARY.— Ch. 11. 


R. S., s. 712. 


Geiston^^oTt!’ 9 ^ Third. Of all civil causes of admiralty and maritime jurisdiction; 
wheat., 246; Houston saving to suitors, in all cases, the right of a common-law remedy, 
Rhode island v. Mas- where the common law is competent to give it. 

72 :?Trigg-s ^16 Fourth. Of all seizures under the laws of the United States, on land 
Pet. 539 ; wiison v. or on waters not within admiralty and maritime jurisdiction; of all 
Tea? °v. ’Felton,'’ prizes brought into the United States; and of all proceedings for the 
Shannon 8 ^ How° 65; condemnation of property taken as prize. 

w h ^ evo J’/ Fifth. Of all cases arising under the patent-right, or copyright 
faft, 7 wall’., 688? Leon laws of the United States. 

i 85 ? a ciaffin’ i^House- Sixth. Of all matters and proceedings in bankruptcy. 

tefiV 3 Th S hman 11 *99 Seventh. Of all controversies of a civil nature, where a State is a 

u. s.?'547- Albright^ 9 party, except between a State and its citizens, or between a State 
cfarii v°Bamank, 6 io8 an( ^ citizens of other States, or aliens. 

Benedict 1 Manf^co^' Eighth. Of all suits and proceedings against ambassadors, or 
113 u. s., 59?johnson other public ministers, or their domestics, or domestic servants, oi 
c'o.? h ii 9 g u. 1 !? V 388 ? against consuls or vice consuls. 

Dale Tile Co. v. Hyatt, 125 U. S., 52; Charlotte Nat. Bank v. Morgan, 132 U. S.. 141: Cross v. North Car., 

132 U. S.,131; In re Hohorst, 150 U. S.,653; Moran v, Sturgis, 154 U. S.,256; New York v. Eno, 155 U. S.. 

89; U.S.v. Am. Bell Tel. Co., 159 U.S.,548; In re Keasbev & Mattison Co.,160 U. S. 221; Pratt v. Paris 
Gaslight Co., 168U.S.,255; Iasigir. Vande Carr, 166U.S.,391; TheGlide,167 U.S.,606; Ex parte Bridges, 

2 Woods,428; 4 Fed. Cas., 98; U. S. f. Berry, 4 Fed. Rep., 779; Ex parte Houghton, 8 Fed. Rep., 897; Stewart 

v. Potomac Ferry Co., 12 Fed. Rep., 296; Froment v. Duclos, 30 Fed. Rep., 385; McCartv Trading Co. v. 

Glaenzer, 30 Fed. Rep., 387; Preston v.V. S.,37 Fed.Rep., 417; In re Loney, 134 U.S.,372,38 Fed. Rep., 

101; U. S. v. Mexican Nat, Ry. Co., 40 Fed. Rep., 769; Price v. Price, 48 Fed. Rep., 823; In re Eno. 54 Fed. 

Rep., 669; In relasigi, 79 Fed. Rep., 750; Morse Arms Manuf. Co. v. U. S., 16 Ct. Cls.,296; Grant v. Buckner, 

172 U.S.,232; Easton v.Iowa, 188 U.S.,319; Sexton v. California, 189 U. S., 319. 

statesjudgL. United Sec. 257. The justices of the Supreme Court, the circuit judges, 
and the district judges, hereafter appointed, shall take the following 
oath before they proceed to perform the duties of their respective 

offices: “I,--, do solemnly swear (or affirm) that I will 

administer justice without respect to persons, and do equal right to 
the poor and to the rich, and that I will faithfully and impartially 

discharge and perform all the duties incumbent upon me as-— 

according to the best of my abilities and understanding, agreeably to 
the Constitution and laws of the United States: So help me God.” 

Sec. 258. It shall not be lawful for any judge appointed under 
the authority of the United States to exercise the profession or em¬ 
ployment of counsel or attorney, or to be engaged in the practice of 
the law. Any person offending against the prohibition of this sec¬ 
tion shall be deemed guilty of a high misdemeanor. 
etc.^ofcRcuit^ustfces Sec. 259. The circuit justices, the circuit and district judges of the 
and’ circuit and dis- United States, and the judges of the district courts of the United 
States in Alaska, Hawaii, and Porto Rico, shall each be allowed and 
paid his necessary expenses of travel, and his reasonable expenses 
(not to exceed ten dollars per day) actually incurred for mainte¬ 
nance, consequent upon his attending court or transacting other 
official business in pursuance of law at any place other than his official 
place of residence, said expenses to be paid by the marshal of the 
district in which such court is held or official business transacted, upon 
the written certificate of the justice or judge. The official place of 
residence of each justice and of each circuit judge while assigned 
to the Commerce Court shall be at Washington; and the official place 
of residence of each circuit and district judge, and of each judge of 
the district courts of the United States in Alaska, Hawaii, and Porto 
Rico, shall be at that place nearest his actual residence at which either 
a circuit court of appeals or a district court is regularly held. Every 
such judge shall, upon his appointment, and from time to time there¬ 
after whenever he may change his official residence, in writing notify 
the Department of Justice of his official place of residence. 

Sec. 260. When any judge of any court of the United States ap- 
R g s 7M pointed to hold his office during good behavior resigns his office, 

is Feb.', 1909,35 stat. after having held a commission or commissions as judge of any such 

l., 6i9, c . i27. _ court or courts at least ten years continuously, and having attained 

ory 0 2 Abb. u.' s.?6o!' *F e a g e seventy years, he shall, during the residue of his natural 
8 Fed. cas., 373 ;'Ben- life, receive the salary which is payable at the time of his retirement 
edict v. u. s. 176U.S., f or the 0 fg ce that he held at the time of his resignation. 


from practicing law. 
R. S., s. 713. 


trict judges. 

3 Mar., 1891, 26 Stat 
L., 828, C. 517, s. 8; 1 
Supp., 904. 

3 Mar., 1905. 33 Stat. 
L., 1208, c. 1483. 


Salary of judges 
after resignation. 










THE JUDICIARY.—Cii. 11. 


89 


Writs of ne exeat. 
R. S., s. 717. 


Sec. 261. Writs of ne exeat may be granted by any justice of the 
Supreme Court, in cases where they might be granted by the Supreme 
Court; and by any district judge, in cases where they might be T . 
granted by the district court of which he is a judge. But no writ of baum, s' w. n. cas., 
ne exeat shall be granted unless a suit in equity is commenced, and lfne^l^wash. 'c° e c a ’ 
satisfactory proof is made to the court or judge granting the same Graham'l d 'stucken 68 l 
that the defendant designs quickly to depart from the United States. Biatch., so" io Fed. 

° J Cas., 945; Patterson v. 

McLaughlin, 1 Cranch C. C., 352, 18 Fed. Cas., 1326; Union Ins. Co. v. Kellogg, 5 W. N. Cas., 477, 24 
Fed. Cas., 611; Shainwald v. Lewis, 16 Fed. Rep., 839; Lewis v. Shainwald, 7 Sawyer, 403,48Fed. Rep., 497. 


Sec. 262 . The Supreme Court and the district courts shall have r ower to issue writ* , 
power to issue writs of scire facias. The Supreme Court, the cir- r. s., s. 7 i 6 . 

cuit courts of appeals, and the district courts shall have power to - 

issue all writs not specincall}^ provided tor by statute, which may be 3 pan., 54 ; Field v. 
necessary for the exercise of their respective jurisdictions, and agree- ex t0 pa’rte Cr Buford M4 i 
able to the usages and principles of law. iolfman 4 5 fcrancft* 76 ° 

Mclntire v. Wood, 7 Cranch, 501; Patterson v. U. S., 2 Wheat., 221, McClunyfl. Silliman, 6 Wheat., 
598; U. S. Bank v. Halstead, 10 Wheat., 51: Wayman v. Southard, 10 Wheat, 1; Elmore v. Grimes, 1 
Pet., 469; Parsons v. Armour, 3 Pet., 413; Holmes v. Trout, 8 Pet., 171; Ex parte Hoyt, 13 Pet., 279; Ex 
parte Christy, 3 How., 292; Stimpson v. Railway Co., 3 How., 553; Hardeman v. Anderson, 4 How., 
640; Gaylor v. Wilder, 10 How., 510; Hogan v. Ross, 11 How., 294; Saltmarsh v. Tuthill, 12 How., 387; 
Woodward v. Brown, 13 How., 1; Adams v. Low, 16 How., 144; Hudgins v. Kemp, 18 How., 530; 
Galena v. Amy, 24 How., 376; Ex parte Gordon, 1 Black, 503; U. S. v. Gomez, 1 Wall., 690; Ex parte 
Vallandigham, 1 Wall., 243; McGuire v. Commonwealth, 3 Wall., 382; Green v. Van Buskert, 3 
Wall., 448; Stearns v. U. S., 4 Wall., 1; Supervisors v. U. S., 4 Wall., 435; Ex parte Railroad Co., 5 
Wall., 188; Riggs v. Johnson, 6 Wall., 166; R. R. Co. v. Bradleys, 7 Wall., 575; Ex parte Verger, 8 Wall., 
85; U. S. v. Adams, 9 Wall., 661: Slaughterhouse Cases, 10 Wall., 273; French v. Shoemaker, 12 Wall., 
100; Bath Co. v. Amy, 13 Wall., 244; Watson v. Jones, 13 Wall., 679; Graham v. Norton, 15 Wall., 427; 
Ex parte Lange, 18 Wall., 163; Morgan v. Curtenius, 19 Wall., 8; Heine v. Commissioners, 19 Wall., 
655; The Rio Grande, 19 Wall., 178; Terrell v. Allison, 21 Wall., 289; Sweeney v. Lomme, 22 Wall., 
208; Goddard v. Ordwav, 94 U. S., 672; U. S. v. Young, 94 U. S., 208; U. S. v. New Orleans, 98 U. S., 
381; Howard v. R. Co.. 101 U. S., 837; Greene County v. Daniel, 102 U. S., 187; Davenport v. Dodge 
County, 105 U. S., 237; Missouri R. Co. v. Dinsmore, 108 U. S., 30; Krippendorf v. Hyde, 110 U. S., 276; 
Ex parte Hitz, 111 U. S., 766; Labette County Commissioners v. Moulton, 112 U. S., 22; Smith v. Bour¬ 
bon County, 127 U. S., 105; Craig v. Leitensdorfer, 127 U. S., 764; Rosenbaum v. Supervisors, 28 Fed. 
Rep., 223, i29 U. S., 450; In re Claasen, 140 U. S., 200; American Const. Co. v. Jacksonville, etc., R. Co., 
148 U. S., 372; Inslev v. U. S., 150 U. S., 512; Hudson v. Parker, 156 U. S., 277; In re Chetwood, 165 U. S., 
443; In re Tampa R. Co., 168 U. S„ 583; Harkrader v. Wadley, 172 U. S., 148; In re Blake, 175 U. S., 114; 
In re Vidal, 179 U. S., 126; In re McKenzie, 180 U. S., 536; Re Bininger, 7 Biatch., 159, 3 Fed. Cas., 407; 
Broadnax v. Eisner, 13 Biatch., 366, 4 Fed. Cas., 192; Re Dudley, 1 Penn. L. J., 302, 7 Fed. Cas., 1150; 
Fisk v. Railroad Co., 10 Biatch., 518, 9 Fed. Cas., 167; Hough v. Transp. Co., 1 Biss., 425, 12 Fed. Cas., 
581; Ladd v. Tudor, 3 Wood. & M., 325, 14 Fed. Cas., 923; Ex parte Martin, 5 Biatch., 303, 16 Fed. Cas., 
875; Russell v. Thomas, 31 Leg. Int., 189. 21 Fed. Cas., 58; Thompsons. Smith, 1 Dill., 458, 23 Fed. Cas., 
1093; Ex parte Stupp., 12 Biatch., 501, 23 Fed. Cas., 296; U. S. v. Four Pieces of Woolen Cloth, 1 Paine, 
435, 25 Fed. Cas., 1180; U. S. v. Smallwood, 1 Chi. Leg. News, 321. 27 Fed. Cas., 1129; U. S. v. Plumer, 3 
Cliff., 28, 27 Fed. Cas.. 561; Ex parte VanOrden, 3 Biatch., 166, 28 Fed. Cas., 1060; Voss v. Luke, 1 Cranch 
C. C., 331. 28 Fed. Cas., 1302; U. S. v. Williams, 4 Cranch Ct. Cls., 377, 28 Fed. Cas., 647; Hutchinson v. 
Green, 2 McCrary, 471: U. S. v. Berrv, 2 McCrary, 58; Fowler v. Lindsey, 3 Dill., 411; U. S. v. Hutton, 
10 Ben., 268; U. S. v. Williams, 4 Cranch C. C., 372; Mercantile Trust Co. v. Lamoille R. Co., 16 Biatch., 
324; Wheeling v. Mayor, 1 Hughes, 90; The New England, 3 Sumner, 495; Smith r. A lien, 1 Paine, 453; 
The Enterprise, 3 Wall., jr., 58; American Telegraph Co. v. Bell Telephone Co., 1 Fed. Rep., 698; Coe 
v. Louisville R. Co., 3 Fed. Rep., 775; Re Shephard, 3 Fed. Rep., 12; Blair v. West Point, 5 Fed. Rep., 
265; Murray v. Overstoltz, 8 Fed. Rep., 110; Hart v. New Orleans, 12 Fed. Rep., 292; Grantland v. Mem¬ 
phis, 12 Fed. Rep.. 287; U. S. v. Mobile, 12 Fed. Rep., 768; Denver R. Co. v. Atchison R. Co., 15 Fed. 
Rep., 650; U. S. v. Countv Court, 15 Fed. Rep., 704; Claybrook v. Owensboro, 16 Fed. Rep., 297; Parsons 
v. Marve, 23 Fed. Rep., il3; Suess v. Noble, 31 Fed. Rep., 855; U. S. v. Pearson, 32 Fed. Rep., 309; Lewis 
v. Shainwald, 48 Fed. Rep., 492; Clough v. U. S., 55 Fed. Rep., 921; U. S. v. Arnold, 69 Fed. Rep., 987; 
U. S. v. Severens, 71 Fed. Rep., 868; U. S. v. Judges Ct. of Appeals, Ind. T., 85 Fed. Rep., 17L Travis 
v. Iron Bridge Co., 92 Fed. Rep., 690; New England R. Co. v. Hyde, 101 Fed. Rep., 39/; Board of 
Liquidation v. U. S., 108 Fed. Rep., 689; Travis County v. King Iron Bridge Co., 92 Fed. Rep., 690. 


Temporary restrain- 


Sec. 263. Whenever notice is given of a motion for an injunction in 'g3 rs . 
out of a district court, the court or judge thereof may, if there appears R g ; ns 
to be danger of irreparable injury from delaj^, grant an order restrain¬ 


ing the act sought to be enjoined until the decision upon the motion; necticut, 4 Dali., 1, 

and such order may be granted with or without security, in the dis- 

cretion of the court or judge. daii’icVa^ci.S 

34 15 Fed. Cas., 993; Marsh v. Bennett,5 McLean, 117,16 Fed. CaS., 793: Mowreyv. Indianapolis R. Co., 
4 Biss., 78, 17Fed. Cas., 930; Perrv v. Parker, 1 Wood. & M„ 280, 19 Fed. Cas., 291; Thayer v. Wales, 9 
Biatch., 170, 23 Fed. Cas., 902; Yuengling v. Johnson, 1 Hughes, 607, 30 Fed. Cas., 896; Preston v. Walsh, 
10 Fed. Rep., 315; Missouri R. Co. v. Texas R. Co., 10 Fed. Rep._, 497; McCaull v. Braham, 16 Fed. Rep., 


Burlington R.Co.,34 Fed. Rep., 481; Payne v. Kansas, etc., R. Co., 46 Fed. Rep., »46; North American 
L. and T. Co. v. Watkins, 109 Fed. Rep., 101; Barstow v. Becket, 110 Fed. Rep., 826. 










90 


THE JUDICIARY.—Ch. 11. 


Injunctions. 


R. S., s. 719. 


Parker v. Judges, 12 
Wheat., 561; Smith v. 
Vulcan Iron Works, 
165 U. 8., 518; In re 
Lennon, 166 U. S.,548; 
Ex parte Dudley, 1 
Penn. L. J. R„ 116, 7 
Fed. Cas., 1150; Searles 
v. Jacksonville R. Co., 
2 Woods, 621, 21 Fed. 
Cas., 929; Goodyear 
Dental V. Co. v. Fol¬ 
som, 3 Fed. Rep., 509; 
U. S. v. Louisville 
Canal Co., 4 Dill., 601, 
26 Fed. Rep., 102; Mc¬ 
Dowell v. Kurtz, 77 
Fed. Rep., 206; U. S. v. 
Webber,114 Fed. Rep., 
950. 


Sec. 264. Writs of injunction may be granted by any justice of 
the Supreme Court in cases where they might be granted by the 
Supreme Court; and by any judge of a district court in cases where 
they might be granted by such court. But no justice of the Supreme 
Court shall hear or allow any application for an injunction or re¬ 
straining order in any cause pending in the circuit to which he is 
allotted, elsewhere than within such circuit, or at such place outside 
of the same as the parties may stipulate in writing, except when it 
can not be heard by the district judge of the district. In case of the 
absence from the district of the district judge, or of his disability, any 
circuit judge of the circuit in which the district is situated may 
grant an injunction or restraining order in any case pending in the 
district court, where the same might be granted by the district judge. 


injunctions to stay Sec. 265. The writ of injunction shall not be granted oy any court 
courts. of the United States to stay proceedings m any court of a State, 

R s 8 720 except in cases where such injunction may be authorized by any law 

- 1 - relating to proceedings in bankruptcy. 

Diggs v. Wolcott. 4 t= r to 1 J 

Cranch, 179; Osborn a. U. S. Bank, 9 Wheat., 738; Peck v. Jenness, 7 How., 625; Watson v. Jones, 13 
Wall., 719; The Slaughterhouse Cases, 10 Wall., 273; Davis v. Gray, 16 Wall., 203; French v. Hay, 22 
Wall., 250; Haines v. Carpenter, 91 U. S., 254; Board of Liquidation v. McComb, 92 U. S., 531; Dial v. 

Reynolds, 96 U. S., 340; Bondurant v. Watson, 103 U. S., 288; Dietzsch v. Huidekoper, 103 U. S., 494; U. 

S. v. Lee, 106 U. S., 196; Providence S. Co. v. Hill Manf. Co., 109 U. S., 578; The Mamie, 110 U. S., 742: 

Sargent v. Helton, 115 U. S., 348; Lawrence v. R. Co., 121 U. S., 634; Moran v. Sturges, 154 U. S., 256; In 
re Chetwood, 165 U. S., 443; Harkrader v. Wadley, 172 U. S., 148; U. S. v. Parkhurst-Davis Co., 176 U. 

S., 317; Huntington v. Laidlev, 176 U. S., 668; White v. Schloerb, 178 U. S„ 542; In re Huguley Mfg. Co., 

184 U. S., 297; In re Watts and Sacks, 190 U. S., 1; Julian v. Cent. Trust Co., 193 U. S.. 112; Cropper v. 

Coburn, 2 Curtis, 465, 6 Fed. Cas., 869; Daly v. Sheriff, 1 Woods, 175, 6 Fed. Cas., 1139; Perry a. Sharpe, 

8 Fed. Rep., 23; Evans v. Pack, 2 Flippin, ‘267, 8 Fed. Cas., 875; Fisk v. Union P. R. Co., 10 Blatch., 518, 

9 Fed. Cas., 169; McCoy v. R. Co., 28 Int. Rev. Rec., 81, 15 Fed. Cas., 1340; Live Stock Assn. v. Crescent 
City Co., 1 Abb. U. S'., 388, 15 Fed. Cas., 649; McLean v. Lafayette Bank, 3 McLean, 185, 16 Fed. Cas., 

253; Ruggles V. Simonton, 3 Biss., 235, 20 Fed. Cas., 1325; U. S. v. Collins, 4 Blatch., 142, 25 Fed. Cas., 

539; Watson v. Bondurant, 2 Woods, 166, 29 Fed. Cas., 426; Hurst’s Case, 4 Dali., 387; Bertonneau v. 

Board of Directors, 3 Woods, 177; State Lottery Co. v. Fitzpatrick, 3 Woods, 255: Hancock v. Walsh, 3 
Woods, 351; Mercantile Trust Co. v. Lamoile R. Co., 16 Blatch., 324; City Bank v. Skelton, 2 Blatch., 14; 

Rogers v. City, 5 McLean, 337; In re Transportation Co., 5 Fed. Rep., 627; Hutchinson v. Green, 6 Fed. 

Rep., 833; Smith v. Schwed, 6 Fed. Rep., 455; Bridges v. Sheldon, 7 Fed. Rep., 45; Perry v. Sharpe, 8 
Fed. Rep., 24; Evansville National Bank v. Britton, 8 Fed. Rep., 867; Murray v. Over'stoltz, 8 Fed. 

Rep., 110; Domestic Missionary Society v. Hinman, 13 Fed. Rep., 161; Missouri R. Co. v. Scott, 13 Fed. 

Rep., 793; Linton v. Mosgrove, 14 Fed. Rep., 543; Freeney v. Plattsmouth Nat. Bank, 3 McCrary, 622, 

16 Fed. Rep., 433; Claybrook v. Owensboro, 16 Fed. Rep., 297: White v. Crow, 17 Fed. Rep., 98; Rens¬ 
selaer R. Co. v. Bennington R. Co., 18 Fed. Rep., 617; Hamilton v. Walsh, 23 Fed. Rep., 420; Ex parte 
Schulenburg, 25 Fed. Rep., 211; Weil a. Calhoun, 25 Fed. Rep., 865; Yick Wo v. Crowley, 26 Fed. Rep., 

207; 11 Sawyer, 422; Hunt v. Fisher, 29 Fed. Rep., 805; Wood fin v. Phoebus, 30 Fed. Rep., 289: Wagner v. 

Drake, 31 Fed. Rep., 851; Sharon v. Terry, 36 Fed. Rep., 337: Gest v. Packwood, 39 Fed. Rep., 525; Tefft v. 

Sternberg, 40 Fed. Rep., 2: Frishman v. Ins. Co., 41 Fed. Rep., 449; Lehman v. La Forge, 42 Fed. Rep., 

493; Tuchman v. Welch, 42 Fed. Rep., 548; M. Schandler B. Co. v. Welch, 42 Fed. Rep.,561: Hemsley v. 

Myers, 45 Fed.. Rep.;283; Monoly v. Mass. Benefit Assn.,53 Fed. Rep., 209; Whitney t>. Wilder, 54 Fed. 

Rep., 554; Texas and P. R. Co. v. Kuteman,54 Fed. Rep., 547; Minneapolis R. Co, v. Milner, 57 Fed. Rep., 

276; Reinach v. Atlantic R. Co., 68 Fed. Rep., 33; American Assn. v. Hurst, 59 Fed. Rep., 1; Bowdoin Col¬ 
lege a. Merritt, 59 Fed. Rep., 6; Chicago Trust Bank v. Bentz,59 Fed. Rep., 645; Fenwick Hall Co. a. Old 
Saybrook, 66 Fed. Rep., 389; Garner v. Second Nat. Bank, 67 Fed. Rep., 833; In re Whitelaw,71 Fed. Rep., 

733; Louisville Trust Co. v. Cincinnati, 73 Fed. Rep., 716; Southern Bank and Trust Co. v. Folsom, 75 Fed. 

Rep.,929; Baker u. Ault, 78 Fed. Rep., 394; Lanning v. Osborne, 79 Fed. Rep., 657; Fidelity Ins. Co. v. 

Norfolk and W. R. Go., 88 Fed. Rep., 815; Central Trust Co. v. Western N. C. R. Co., 89 Fed. Rep., 24; Chi¬ 
cago R. Land P. Co. v. St. Joseph Union Depot Co.,92 Fed.Rep.,23; Coeur d’Alene R.and Nav.Co. v. 

Spalding, 93 Fed. Rep.,280; Leathe v. Thomas, 97 Fed. Rep., 136: W. U. Tel. Co. v. Myatt, 98 Fed. Rep., 336; 

James a. Central Trust Co.,98 Fed. Rep., 489: Aultman Co. v. Brumfield, 102 Fed." Rep.,7; Mutual Life 
Assn. a. Phelps, 103 Fed. Rep., 515; Eureka and K. R. Co. v. Cal. and N.R. Co., 103 Fed. Rep., 897; Oliver 
v. Parlin and Onendorff Co., 105 Fed. Rep., 272; Mir. T. and D. Co. v. Roanoke and S. R. Co., 109 Fed. Rep., 

3; White ti.Schwerb, 178 U.S.,542: Starr v. Chicago, etc., Co., 110 Fed. Rep.,3; State Trust Co. v. Kansas 
City, etc., Co., 110 Fed. Rep., 10; Mills v. Provident Life and Trust Co., 100 Fed, Rep., 344. 


upon Alleged uncom Sec. 266 . No interlocutory injunction suspending or restrain- 
stitutfonaiity of state ing the enforcement, operation, or execution of any statute of a 
by tU whom Wh may a be State by restraining the action of any officer of such State in the 

granted, _ enforcement or execution of such statute, shall be issued or granted 

L.S^.’S's 36 !?.^' an y justice of the Supreme Court, or by any district court of the 
Ex parte Metropoli- United States, or by any judge thereof, or by any circuit judge 
u. n s.,' 539 ter C °" 220 act i n g as district judge, upon the ground of the unconstitutionality 
’sperry & Hutchin- of such statute, unless the application for the same shall be presented 
Fed. Rep. 682 0ma ' to a justice of the Supreme Court of the United States, or to a circuit 
or district judge, and shall be heard and determined by three judges, 
of whom at least one shall be a justice of the Supreme Court, or a 
circuit judge, and the other two may be either ‘circuit or district 
judges, and unless a majority of said three judges shall concur in 
granting such application. Whenever such application as aforesaid 







THE JUDICIARY.— Ch. 11. 


91 


When suits in equity 
may be maintained. 

R. S., s. 723. 

Parker v. Manf. Co., 
621; Grand Chute v. 


is presented to a justice of the Supreme Court, or to a judge, he shall 
immediately call to his assistance to hear and determine the applica¬ 
tion two other judges: Provided , however , That one of such three 
judges shall be a justice of the Supreme Court, or a circuit judge. 

Said application shall not be heard or determined before at least 
five days’ notice of the hearing has been given to the governor and 
to the attorney-general of the State, and to such other persons as may 
be defendants in the suit: Provided , That if of opinion that irrepara¬ 
ble loss or damage would result to the complainant unless a temporary 
restraining order is granted, any justice of the Supreme Court, or 
any circuit or district judge, may grant such temporary restraining 
order at any time before such hearing and determination of the appli¬ 
cation for an interlocutory injunction, but such temporary restrain¬ 
ing order shall remain in force only until the hearing and determina¬ 
tion of the application for an interlocutory injunction upon notice as 
aforesaid. The hearing upon such application for an interlocutory 
injunction shall be given precedence and shall be in every way expe¬ 
dited and be assigned for a hearing at the earliest practicable day 
after the expiration of the notice hereinbefore provided for. An 
appeal may be taken direct to the Supreme Court of the United 
States from the order granting or denying, after notice and hearing, 
an interlocutory injunction in such case. 

Sec. 267. Suits in equit}'- shall not be sustained in any court of the 
United States in any case where a plain, adequate, and complete rem¬ 
edy may be had at law. 

2 Black., 545; Hipp v. Babiu, 19 How., 271; Insurance Co. v. Bailey, 13 Wall 
Winegar, 15 Wall., 373: Lewis v. Cocks, 23 Wall., 470; Scott v. Neely,140 U. S., 106; Root v. R. Co., 105 
U. S., 212; New York Co. v. Water Co., 107 U. S., 214: Killian v. Ebbinghause, 110 U. S., 573; Buzard v. 
Houston, 119 U. S., 351; McConibay v. Wright, 121 U. S., 201; Whitehead v. Shattuck, 138 U. S., 146; 
Smith v. New Orleans, etc., Co., 141 U. S., 656; Franklin Tel. Co. v. Harrison, 145 U. S., 459; Tyler v. 
Savage, 143 U. S., 79; Wehrman v. Conklin, 155 U. S., 314; Townsend v. Vanderwerker, 160 U. S., 171; 
Deweese v. Reinhard, 165 U. S., 386; U. S. v. Bell Tel. Co., 167 U. S., 224; Arkansas B. & L. Assn. v. 
Madden, 175 U. S., 269; Preteca v. Maxwell L. Co., 4 U. S. App., 326; Colgate v. Compagnie Franpaise, 
23 Fed. Rep., 82; Suess v. Noble, 31 Fed. Rep., 855; Witters v. Sowles, 32 Fed. Rep., 767; Zeringue v. 
Texas and P. R. Co., 34 Fed. Rep., 239; Grand Rapids R. Co. v. Sparrow, 36 Fed. Rep., 210; Manchester 
Fire Assn. Co. v. Stockton, etc.. Works. 38 Fed. Rep., 378; Mills v. Knapp, 39 Fed. Rep., 592; Smythe v. 
Henry, 41 Fed. Rep., 705; Hemsley v. Myers, 45 Fed. Rep., 283; Babbott v. Tewksbury, 46 Fed. Rep., 
86; Payne v. Kansas R. Co., 46 Fed. Rep., 546; Buckeye E. Co. v. Donau B. Co., 47 Fed. Rep., 6; Cali¬ 
fornia El. Works v. Henzel, 48 Fed. Rep., 375; No. Pac. R. Co.r. Amacker, 49 Fed. Rep., 529; Indianap¬ 
olis Water Co. v. American Strawboard Co., 53 Fed. Rep., 970; Dederick v. Fox, 56 Fed. Rep., 714; 
Grether v. Wright, 75 Fed. Rep., 742; Smith v. Am. Nat. Bank, 89 Fed. Rep., 832; Davidson v. Calkins, 
92Fed. Rep.. 231; Alger v. Anderson, 92 Fed. Rep., 697; Adone v. Strahan, 97 Fed. Rep., 691; Gellenson 
v. Cook, 124 Fed. Rep., 986. 

Sec. 268 . The said courts shall have power to impose and admin- Power to administer 
ister all necessary oaths, and to punish, by fine or imprisonment, at tempti nd punishcon ' 
the discretion of the court, contempts of their authority: Provided , 

That such power to punish contempts shall not be construed to ex¬ 
tend to any cases except the misbehavior of any person in their pres- %^. Ca Ex' V parte 
ence, or so near thereto as to obstruct the administration of justice, Kearney, ’7 waif, 38; 
the misbehavior of any of the officers of said courts in their official waif a 372 ;^n'rep’as 7 
transactions, and the disobedience or resistance by any such officer, ^parte Robinson^ 
or bv any party, juror, witness, or other person to an}^ lawful writ, waft, 505 New or- 
process, order, rule, decree, or command or the said courts. Co., 20 wall., 387; Re 

Chiles, 22 Wall., 157; 

Eureka Lake Co. v. Yuba County, 116 U. S., 410; Worden v. Searls, 121U. S., 14: Re Terry, 36 Fed. Rep., 428; 
128U.S..289; Salvin, Pet., 131 U. S., 267; Ellenbecker v. Plymouth Countv, 134U.S..31; Hoveryv. Elliott, 
167 U. S., 409; 145 N.Y., 126; Pettibonev. U. S., 148 U. S.,197; In re Swan, 150 U.S.,637; U.S.v'Pridgeon, 
153 U. S., 48; Interstate Commerce Com. v. Brimson, 154 U. S., 447; In re Debs, 158 IT. S., 564: Bissette v. 
W. B. Conkey Co., 194 U. S., 326; The Blanche Page, 16 Blatch., 1; 3 Fed. Cas., 664; Blight v. Fisher, 
Pet., C. C., 41, 3 Fed. Cas., 704: The Bark Laurens, 1 Abb. Adm., 508; 14 Fed. Cas., 1193; Re Mullee, 7 
Blatch., 23; 17 Fed. Cas., 968: Offut v. Parrott, 1 Cranch, C. C., 154; 18 Fed. Cas., 606; Ex parte Pleas¬ 
ants, 4 Cranch, C. C„ 314; 19 Fed. Cas., 864; U. S. v. Caton, 1 Cr.,C. C., 150: 25 Fed. Cas., 350; U. S. v. 
Coolidge, 2 Gall.,364; 25 Fed. Cas.,622; U.S.u. DeVaughan, 3 Cranch,C.C.,84; 25 Fed.Cas., 839; U. S. 
v. Emerson, 4 Cranch, C. C., 188; 25 Fed. Cas., 1012; U. S. v. Jacobi, 1 Flippin, 108; 26 Fed. Cas., 564; Re 
Atlantic Ins. Co., 17 N. B. R., 368; Durant v. Supervisors, Woolw., 377; Fanshawe, 4 Biss., 497; Terri¬ 
tory v. Murray, 15 Pac. Rep., 145; Phillips v. Detroit, 3 Ban. & A., 150; Denver R. Co. v. Topeka R. 
Co., 5 McCrary, 291; Conger’s case, 4 A. G. Op., 317; Re Roelker, 1 Sprague, 276; U. S. v. Mann, 2 Brock., 
1; Doubleday v. Sherman, 8 Blatch., 45; Schillinger v. Gunther, 14 Blatch., 152; U. S. v. Holmes, 1 
Wall., jr., 1; Ex parte Beebes, 2 Wall., jr., 127; U. S. v. Carter, 3 Cranch, C. C., 423; Re May, 1 Fed. 
Rep., 737; Steam Stone Cutter Co. v. Manuf. Co., 3 Fed. Rep., 298; Dunks v. Grey, 3 Fed. Rep.. 862; 
Fischer v. Hayes, 6 Fed. Rep., 63; Bridges v. Sheldon, 7 Fed. Rep., 45; Van Zandt v. Mining Co., 2 
McCrary, 642; 8 Fed. Rep., 725; Atlantic Powder Co. v. Dittmar Co., 9 Fed. Rep., 316; Re Cary, 10 Fed. 
Rep., 622; Re Ellerbe, 13 Fed. Rep., 530; Re Schwartz, 14 Fed. Rep., 787; Matthews v. Spangeberg, 15 
Fed. Rep., 813; U. S. v. Sowles, 16 Fed. Rep., 536; U. S. v. Atchison R. Co., 16 Fed. Rep., 853: Wells v. 


R. S., s. 725. 






92 


THE JUDICIARY.—Ch. 11. 


R. Co., 19 Fed. Rep., 20; Hendryx v. Fitzpatrick, 19 Fed. Rep., 812; Mallory Man. Co. v. Fox, 20 Fed. 

Rep., 409; U. S. v. Anonymous, 21 Fed. Rep., 761; Re Doolittle, 23 Fed. Rep., 544; Norris v. Hassler, 23 
Fed. Rep., 581; U. S. v. Kane, 23 Fed. Rep., 748; Ex parte Schulenburg, 25 Fed. Rep., 211; Re Wabash 
R. Co., 24 Fed. Rep., 217; Celluloid Mairaf. Co. v. Chrolithian Co., 24 Fed. Rep., 585; Bate R. Co. v. 

Gilett, 24 Fed. Rep., 696; Sharon v. Hill. 24 Fed. Rep., 746; U. S. v. Berry, 24 Fed. Rep., 783; Kirk v. 

Milwaukee Man. Co., 26 Fed. Rep., 505; U. S. v. Patterson, 26 Fed. Rep., 509; Williams v. Hintermeis- 
ter, 26 Fed. Rep., 889; Jeffries v. Laurie, 27 Fed. Rep., 198; Southern Development Co. v. R. Co., 27 Fed. 

Rep., 344; Re Higgins, 27 Fed. Rep., 443; Bogart v. Supply Co., 27 Fed. Rep., 722; Re North Blooming¬ 
ton Mining Co., 27 Fed. Rep., 795; Re Graves, 29 Fed. Rep., 60; Burr v. Kimbark, 29 Fed. Rep., 428; 

Wirt v. Brown, 30 Fed. Rep., 187; Iowa Barb Wire Co. v. Southern Barbed Wire Co., 30 Fed. Rep., 615; 

Temple Pump Co. v. Goss Pump Co., 31 Fed. Rep., 292; Senior v. Pierce, 31 Fed. Rep., 625; Clark v. 

Wilson, 33 Fed. Rep., 331; Howard v. Mast, 33 Fed. Rep., 867; In re Neagle, 135 U. S., 1; 39 Fed. Rep., 

833; Cuddy, Pet.. 131 U. S., 280, 40 Fed. Rep., 62; Ex parte Terry, 128 U. S., 289; 41 Fed. Rep., 771; In 
re Manning, 44 Fed. Rep., 275; Ex parte Moses, 53 Fea. Rep., 346; Ex parte Huidekoper, 55 Fed. Rep., 

709; In re Brule, 71 Fed. Rep., 943; Ex parte Buskirk, 72 Fed. Rep., 14; In re Boone, 83 Fed. Rep. 944; 

Re Reese, 107 Fed. Rep., 942; Re Perkins, 100 Fed. Rep., 950; Ex parte Davis, 112 Fed. Rep., 139; Ex 
parte McLeod, 120 Fed. Rep., 130; Trial of Judge Swayne. 

New t rials. Sec. 269. All of the said courts shall have power to grant new 

r. s.,s. 726. trials, in cases where there has been a trial by jury, for reasons for 

which new trials have usually been granted in the courts of law. 

U. S. v. Fries, 3 Dali., J & 

515; Bank of Hamilton v. Dudley, 2 Pet.. 492; Parsons v. Bedford, 3 Pet., 433; U. S. v. Hodge, 6 How., 

283; Justices v. Murray, 9 Wall., 274: Indianapolis R. Co. v. Horst, 93 U. S., 301; Newcomb v. Wood, 

97 U. S., 581; Equator Company v. Hall, 106 U. S., 86; Kingman v. Western Mfg. Co., 170 U. S., 675; 

Capital Traction Co. v. Hof, 174 U. S., 1; Clark v. Sohier, 1 Wood. & M., 368, 5 Fed. Cas., 925; Neafie v. 

Cheesebrough, 14 Blatch., 313,17 Fed. Cas., 1262; Robinson v. Insurance Co., 8 Repr., 613, 20 Fed. Cas., 

1036; U. S. v. Campbell, 4 Cranch C. C., 658, 25 Fed. Cas., 277; U. S. v. Conner, 3 McLean, 573, 25 Fed. 

Cas., 595; U. S. v. Gilbert, 2 Sumner, 19, 25 Fed. Cas., 1287; U. S. v. Keen, 1 McLean, 429, 26 Fed. Cas., 

686; U. S. v. Potter, 6 McLean 182, 27 Fed. Cas., 604; U. S. v. Salentine, 8 Biss., 404, 27 Fed. Cas., 927; 

U. S. v. Simmons, 14 Blatch., 473, 27 Fed. Cas., 1080; U. S. v. Smith, 3 Blatch., 255, 27 Fed. Cas., 1138; 

U. S. v. Bags of Merchandise, 2 Sprague. 85; U. S. v. Battiste, 2 Sumner, 240; U. S. v. Harding, 1 Wall., 
jr„ 127; U. S. v. Macomb, 5 McLean, 286; U. S. v. Beaty, Hempst., 487; U. S. v. Smith, 1 Sawyer, 277; 

Rutherford v. Insurance Co., 1 Fed. Rep., 456; U. S. v. DeQuilfeldt, 5 Fed. Rep., 276; Millikin v. Ross, 

17 Fed. Rep., 283; U. S. v. Daubner, 17 Fed. Rep., 793; Brown v. Evans, 8 Sawyer, 502, 18 Fed. Rep.,56; 

Haynes v. R. Co., 23 Fed. Rep., 18; Ives v. Grand Trunk R. Co., 35 Fed. Rep., 176; Henning v. Western 
Union Tel. Co., 41 Fed. Rep., 864. 


Power to hold to se¬ 
curity for the peace 
and good behavior. 

R. S., s. 727. 

22 June, 1874, 18 
Stat. L., 193, C. 396; 1 
Supp., 38. 


Rice v. Ames, 180 
U. S., 371; U. S. v. 
Greiner, 4 Phila., 396, 
26 Fed. Cas., 36; U. S. 
v. Quitman, 2 Am. L. 
Reg., 645, 27 Fed. Css., 
680; U. S. v. Horton, 2 
45 Fed. Rep., 188. 


Sec. 270. The judges of the Supreme Court and of the circuit 
courts of appeals and district courts, United States commissioners, 
and the judges and other magistrates of the several States, who are 
or may be authorized by law to make arrests for offenses against the 
United States, shall have the like authority to hold to security of 
the peace and for good behavior, in cases arising under the Constitu¬ 
tion and laws of the United States, as may be lawfully exercised by 
any judge or justice of the peace of the respective States, in cases 
cognizable before them. 

Dill., 94, 26 Fed. Cas., 375; U. S.r. Horn Hing, 48 Fed. Rep., 635; In re Mineau, 


awards of foreigncom Sec. 271. The district courts and the United States commissioners 
suis, etc., in certain shall have power to carry into effect, according to the true intent and 

cases ~ - meaning thereof, the award or arbitration or decree of any consul, 

28 Mfl 8 ' i ^896 09 g ta t vice-consul, or commercial agent of any foreign nation, made or 
l., i 84 , a c’. 252,’s'i9; U 2 rendered by virtue of authority conferred on him as such consul, 
Sl Re A 4 ubrey, 26 Fed. vice-consul, or commercial agent, to sit as judge or arbitrator in such 
L«e"and 8 ; TnMt v co e « 4 differences as may arise between the captains and crews of the vessels 
Mills, 91 Fed. Rep.; belonging to the nation whose interests are committed to his charge, 
and Tmstco 8 u.Yiart! application for the exercise of such power being first made to such 
Haimttov Rathbone' 0011 or commissioner, by petition of such consul, vice-consul, or com- 
175 u. s., 414 . mercial agent. And said courts and commissioners may issue all 

proper remedial process, mesne and final, to carry into full effect 
such award, arbitration, or decree, and to enforce obedience thereto 
by imprisonment in the jail or other place of confinement in the dis¬ 
trict in which the United States may lawfully imprison any person 
arrested under the authority of the United States, until such award, 
arbitration, or decree is complied with, or the parties are otherwise 
discharged therefrom, by the consent in writing of such consul, vice- 
consul, or commercial agent, or his successor in office, or by the 
authority of the foreign government appointing such consul, vice- 
consul, or commercial agent: Provided , however , That the expenses 
of the said imprisonment and maintenance of the prisoners, and the 
cost of the proceedings, shall be borne by such foreign government, 
or by its consul, or vice-consul, or commercial agent requiring such 
imprisonment. The marshals of the United States shall serve all 







THE JUDICIARY.— Chs. 11-12. 


93 


such process, and do all other acts necessary and proper to carry into 
effect the premises, under the authority of the said courts and com¬ 
missioners. 


R. S., s. 747. 


Sec. 272. In all the courts of the United States the parties may Parties may manage 
plead and manage their own causes personally, or by the assistance Sj'orbycounsel 8011 * 
of such counsel or attorneys at law as, by the rules of the said courts, 
respectively, are permitted to manage and conduct causes therein. 

Nightingale v. Ore¬ 
gon Central R. Co., 2 Sawyer, 338, 18 Fed. Cas., 239. 

Sec. 273. No clerk, or assistant or deputy clerk, of any Territorial, 
district, or circuit court of appeals, or of the Court of Claims, or of torneys. 
the Supreme Court of the United States, or marshal or deputy mar- “r. s„ s. 74 a 
shal of the United States within the district for which he is appointed, ^ Fischer v. Hayes, 22 
shall act as a solicitor, proctor, attorney, or counsel in any cause pfrte Burden, 3 Ii f«l 
depending in any of said courts, or in any district for which he is g, e Pv 68i; Boiim v. 

■ • 0 ™ 7 J Blythe, 46 Fed. Rep., 

181, 20 A. G. Op., 495. 

Penalty for violat¬ 
ing preceding section. 


acting as such officer. 

Sec. 274. Whoever shall violate the provisions of the preceding 
section shall be stricken from the roll of attorneys by the court upon 
complaint, upon which the respondent shall have due notice and be 
heard in his defense; and in the case of a marshal or deputy marshal 
so acting, he shall be recommended by the court for dismissal from 
office. 


R. S., s. 749. 


Davis v. Mills, 99 
Fed. Rep., 39; Ault- 
man Co. v. Brumfield, 
102 Fed. Rep., 7. 


CHAPTER TWELVE. 


JURIES. 


Sec. 

275. Qualifications and exemptions of 

jurors. 

276. Jurors, bow drawn. 

277. Jurors, how to be apportioned in 

the district. 

278. Race or color not to exclude. 

279. Venire, bow issued and served. 

280. Talesmen for petit juries. 

281. Special juries. 

282. Number of grand jurors. 


Sec. 

283. Foreman of grand jury. 

284. Grand juries, when summoned. 

285. Discharge of grand juries. 

286. Jurors not to serve more than 

once a year. 

287. Challenges. 

288. Persons disqualified for service on 

jury in prosecutions for polyg¬ 
amy, etc. 


Sec. 275. Jurors to serve in the courts of the United States, in Qualifications and 
each State respectively, shall have the same qualifications, subject to exem P tlona of jurors , 
the provisions hereinafter contained, and be entitled to the same i)'j S u ’ n e 1879 21 stat 
exemptions, as jurors of the highest court of law in such State may l., 43 , c.’ 52 ,’s. 2 ; i 

have and be entitled to at the time when such jurors for service m the —__ 

courts of the United States are summoned. how^is; ^j ot s. l v. 

Shackelford, 18 How., 588; Clinton v. Englebrecht, 13 Wall., 434; Clawson v. U. S., 114 U. S., 477; 
Ex parte Harding, 120 U. S., 783; Pointer v. U. S., 151 U. S., 396; St, Clair v. U. S., 154 U. S., 134; 
Kohl v. Lehlback, 160 U. S., 293: Bram v. U. S., 168 U. S., 532; Alston v. Manning, Chase’s Dec., 
460, 1 Fed. Cas., 575; U. S. v. Coit, 1 Car. Law Rep., 346, 25 Fed. Cas., 489; U. S. v. Collins, 1 Woods, 
499, 25 Fed. Cas., 545; U. S. v. Devlin, 6 Blatch., 71, 25 Fed. Cas., 840; U. S. v. Douglas, 2 Blatch., 207, 
25 Fed. Cas., 896; U. S. v. Dow., Taney, 34, 25 Fed. Cas., 901; U. S. v. Fries, 3 Blatch., 515, 9 Fed. 
Cas., 826; TT. S. v. Gardner, 5 Chic. Leg., 501, 25 Fed. Cas., 1254; U. S. v. Price, 3 Hall, L. J., 121, 
27 Fed. Cas., 620; U. S. v. Reed, 2 Blatch.. 435, 27 Fed. Cas., 727; U. S. v. Tallman, 10 Blatch., 21, 28 
Fed. Cas., 9; U. S. v. Tuska, 14 Blatch., 5, 28 Fed. Cas., 234; U. S. v. Wilson, 6 McLean, 604, 28 Fed. 
Cas., 725; U. S. v. Williams, 1 Dill., 485, 28 Fed. Cas., 666; U. S. v. Woodruff, 4 McLean, 105, 28 Fed. Cas., 
761; U. S. v. Byrne. 19 Blatch., 259; U. S. v. Rondeau, 16 Fed. Rep., 109; Brewer v. Jacobs, 22 Fed. Rep., 
217; Kiev. U. S., 27 Fed. Rep., 237; U. S. v. Richardson, 28 Fed. Rep., 61; U. S. v. Hackett, 29 Fed. Rep., 
848; U. S. v. Eagan, 30 Fed. Rep., 608; Re Carnes, 31 Fed. Rep., 397; U. S. v, Jones, 31 Fed. Rep., 725; 
U. S. v. Benson, 31 Fed. Rep., 896; Erwin v. U. S., 37 Fed. Rep., 470; U. S. v. Ewan, 40 Fed. Rep., 451; 
So. Pac. R. Co. v. Rauh, 49 Fed. Rep., 696; U. S. v. Jones, 69 Fed. Rep., 673, 













94 


THE JUDICIARY.— Ch. 12. 


jurors,how drawn. s ECi 276. All such jurors, grand and petit, including those sum- 
30 June, 1879,21 stat. moned during the session of the court, shall be publicly drawn from 
supp 3 ’ 27 o 52, s ' 2: 1 a b° x containing, at the time of each drawing, the names of not less 
- than three hundred persons, possessing the qualifications prescribed 
100 u s ar 3 % V Lo^ejm’ * n the section last preceding, which names shall have been placed 
i>. u. s.,‘128 u. s., i7i; therein by the clerk of such court and a commissioner, to be appointed 
i 47 u ed s S , t 67 t 6 fst. I ciafr by the judge thereof, or by the judge senior in commission in districts 
Agn'ew’v^u s' S io 5 u : having m °re than one judge, which commissioner shall be a citizen of 
s ; 36; Alston '1. Man- good standing, residing in the district in which such court is held, and 
FedfcL^ 575 ?’u 4 ^! v. a well-known member of the principal political party in the district 
covins, 1 woods, 499, i n which the court is held opposing that to which the clerk may 
v. Gardner, 5 chic, belong, the clerk and said commissioner each to place one name m 
cal', lST’ u°s. f. Tali- said box alternately, without reference to party affiliations until the 
u a s’ 28 wuson C£ 6 Mc- w h°l e number required shall be placed therein. 

Lean, 604, 28 Fed. Cas., 725; U. S. v. Woodruff, 4 McLean, 105, 28 Fed. Cas., 761; U. S. v. Ambrose, 3 
Fed. Rep., 283; U. S. v. Rose, 6 Fed. Rep., 136; U. S. v. Rondeau, 16 Fed. Rep., 109; U. S. v. Mumford, 

16 Fed. Rep., 164; Kie v. U. S., 27 Fed. Rep., 357; U. S. v. Richardson, 28 Fed. Rep.. 61; U. S. v. Han¬ 
son, 28 Fed. Rep., 74; U. S. v. Eagan, 30 Fed. Rep., 608; Re Carnes, 31 Fed. Rep., 397; Erwin v. U. S., 

37 Fed. Rep., 470; U. S. v. Ewan, 40 Fed. Rep., 451; U. S. v. Paxton, 40 Fed. Rep., 136; U. S. v. Chaires, 

40 Fed. Rep., 820; U. S. v. Dixon, 44 Fed. Rep., 401; U. S. v. Wan Lee, 44 Fed. Rep., 707; U. S. v. Clark,' 

46 Fed. Rep., 633; Gulf C. <fc F. S. R. Co. v. Washington, 49 Fed. Rep., 347; Pullman’s P. C. Co. v. Har¬ 
kins, 65 Fed. Rep., 932. 


Sec. 277. Jurors shall be returned from such parts of the district, 

district. _ from time to time, as the court shall direct, so as to be most favorable 

r. s., s. 802 . to an impartial trial, and so as not to incur an unnecessary expense, 

Agnew v. u. s., 165 or unduly burden the citizens of any part of the district with such 

U. S., 36, 44; U. S. v, cprviCP 
Stowe 11, 27 Fed. Cas., 

1354; U. S. v. Chaires, 40 Fed. Rep., 820; U. S. v. Dixon, 44 Fed. Rep., 401; U. S. v. Wan Lee, 41 Fed. 

Rep., 707; U. S. v. Ayres, 46 Fed. Rep., 651; U. S. v. Greene, 113 Fed. Rep., 683; D. S. v. Pauschel, 116 
Fed. Rep., 642: Spencer v. U. S., 169 Fed. Rep., 562; U. S. v. Standard Oil Co., 170 Fed. Rep., 988; U. S. 
v. Merchants Transp. Co.. 187 Fed. Rep., 355. 


exclude 01 color not t0 Sec. 278. No citizen possessing all other qualifications which are 
i Mar., 1875, is stat. or may be prescribed by law shall be disqualified for service as grand 
sup^?68 C ' 111 s ' 4: 1 or P e tif juror in any court of the United States on account of race, 
30 j une', 1879 ,21 stat. color, or previous condition of servitude. 

L.,44,c. 52,s.2; lSupp,, " ^ 

270. Ex parte Virginia, 100 U. S., 339; Bush v. Commonwealth, 107 U. S., 110; In re Wood 140 U. S., 278, 

In re Shibuya Jugiro, 140 U. S., 291; Ex parte Murray, 66 Fed. Rep., 297. 


Venire, how issued 
and served. 

R. S., s. 803. 

Anderson v. U. S., 
170 U. S., 481; U. S. 
v. Antz, 16 Fed. Rep., 
119. 


Talesmen for petit 
juries. 

R. S., s. 804. 


Clawson v. U. S., 114 
U. S., 477; Lovejoy v. 
U. S., 128 U. S., 171; 
St. Clair v. U. S., 154 
U. S., 134; U. S. v. 
Loughery, 13 Blatch., 
267, 26 Fed. Cas.. 998; 
U. S. v. Rose, 6 Fed. 
Rep., 136; U. S. v. 
Mumford, 16 Fed. Rep. 


Sec. 279. Writs of venire facias, when directed by the court, shall 
issue from the clerk’s office, and shall be served and returned by the 
marshal, or by his deputy; or, in case the marshal or his deputy is 
not an indifferent person, or is interested in the event of the cause, 
by such fit person as may be specially appointed for that purpose 
by the court, who shall administer to him an oath that he will truly 
and impartially serve and return the writ. Any person named in 
such writ who resides elsewhere than at the place at which the court 
is held, shall be served by the marshal mailing a copy thereof to such 
person commanding him to attend as a juror at a time and place 
designated therein, which copy shall be registered and deposited in 
the post-office addressed to such person at his usual post-office address. 
And the receipt of the person so addressed for such registered copy 
shall be regarded as personal service of such writ upon such person, 
and no mileage shall be allowed for the service of such persons. The 
postage and registry fee shall be paid by the marshal and allowed 
him in the settlement of his accounts. 

Sec. 280. When, from challenges or otherwise, there is not a 
petit jury to determine any civil or criminal cause, the marshal or 
his deputy shall, by order of the court in which such defect of jurors 
happens, return jurymen from the bystanders sufficient to complete the 
panel; and when the marshal or his deputy is disqualified as afore¬ 
said, jurors may be so returned by such disinterested person as the 
court may appoint, and such person shall be sworn, as provided in 
the preceding section. 

, 164; 1 Comp. Dec., 456. 











THE JUDICIARY —Ch. Vl 


95 


Sec. 281. When special juries are ordered in any district court, special juries. 
they shall be returned by the marshal in the same manner and form R s., s. sos. 
as is required in such cases by the laws of the several States. 

Sec. 282. Every grand jury impaneled before any district court - u ^ 0 u ™ ber of grand 
shall consist of not less than sixteen nor more than twenty-three per- R g s 808 

sons. If of the persons summoned less than sixteen attend, they —— '—’-- 

shall be placed on the grand jury, and the court shall order the mar- 98u e s”°i45; Downesi-! 
shal to summon, either immediately or for a day fixed, from the u^^Burr L i BurPs 
body of the district, and not from the bystanders, a sufficient num- Trial, 37 , 25 Fecrcas,^ 
ber of persons to complete the grand jury. And whenever a challenge Biatch. 8 ' 7, :2s Fed. 
to a grand juror is allowed, and there are not in attendance other |a|an, 2 3 o : Fed. Rep^ 
jurors sufficient to complete the grand jury, the court shall make a « 08 ^^R arte 66- a u e s’ 
like order to the marshal to summon a sufficient number of persons v. Jones, 69 Fed. Rep., 

973; Wolfson v. U. S., 
101 Fed. Rep., 431. 

Foreman of grand 
jury. 


R. S„ s. 809. 


U. S. v. Belvin, 46 
Fed. Rep., 381. 

Grand juries; when 
summoned. 

R. S., s. 810. 

28Mar., 1910, 36Stat. 
L., 267, c. 134. 


for that purpose. 

Sec. 283. From the persons summoned and accepted as grand 
jurors, the court shall appoint the foreman, who shall have power to 
administer oaths and affirmations to witnesses appearing before the 
grand jury. 

Sec. 284. No grand jury shall be summoned to attend any district 
court unless the judge thereof, in his own discretion or upon a notifi¬ 
cation by the district attorney that such jury will be needed, orders a 

venire to issue therefor. If the United States attorney for any dis- _ 

trict which has a city or borough containing at least three hundred McDowell v. u. s., 

thousand inhabitants shall certify in writing to the district judge, or Reed; 2 'Match.', ^ 

the senior district judge of the district, that the exigencies of the 37 Jntz C iTFed 7: Re'p S ‘ 

public service require it, the judge may, in his discretion, also order 123 . 

a venire to issue for a second grand jury. And said court may in 

term order a grand jury to be summoned at such time, and to serve 

such time as it may direct, whenever, in its judgment, it may be proper 

to do so. But nothing herein shall operate to extend beyond the time 

permitted by law the imprisonment before indictment found of a 

person accused of a crime or offense, or the time during which a person 

so accused may be held under recognizance before indictment found. 

Sec. 285. The district courts, the district courts of the Territories, u Uf 8 charge of grand 
and the supreme court of the District of Columbia may discharge - 
their grand juries whenever they deem a continuance of the sessions R - s ” s - 811 * 
of such juries unnecessary. 

Sec. 286. No person shall serve as a petit juror in any district m orethanonce°ayear e 

court more than one term in a year; and it shall be sufficient cause of - 

challenge to any juror called to be sworn in any cause that he has •fojune,i 879 , 2 istat. 
been summoned and attended said court as a juror at any term of said n^4,c.52,s.2;isu P p., 
court held within one year prior to the time of such challenge. -—-§ 

U. b> V. XV06VCS, o 

Woods, 199, 27 Fed. Cas., 750; U. S. v. Clark, 46 Fed. Rep., 636; Walker v. Collins, 50 Fed. Rep., 737; 

U. S. v. Nardelle, 4 Mackey, 503. 

287. When the offense charged is treason or a capital offense, challenges. 
the defendant shall be entitled to twenty and the United States to six r. s., ss. 819 , 4303 . 
peremptory challenges. On the trial of any. other felony, the de- ' TJ g Marchant V2 
fendant shall be entitled to ten and the United States to six per- wheat.,'480; u. s.’t>. 
emptory challenges; and in all other cases, civil and criminal, each 
party shall be entitled to three peremptory challenges; and 111 all cases 
where there are several defendants or several plaintiffs, the parties 145 u. s', 285; st. ciair 
on each side shall be deemed a single party for the purposes of all £ e a g an 
challenges under this section. All challenges, whether to the array | 
or panel, or to individual jurors for cause or favor, shall be tried v.'u. s.,i67 u.’s., 178; 
by the court without the aid of triers. caT'ffliimon,' 1 !^ 



(’as., 896; U. S. V. Keea, z rsiuien., lao, reu. vus., vj. a. v. xtii.iua,.., .v 

9- U S v Tuska, 14 Blatch., 8, 28 Fed. Cas., 234; U. S. v. Noelke, 1 Fed. Rep., 426; U. S. v. Coppersmith, 
2 Flimiin 546 4 Fed. Rep., 198; U. S. v. Daubner, 17 Fed. Rep.. 793; Brewer v. Jacobs, 22 Fed. Rep., 

242; U P S. v. Hall, 44 Fed^Rep., 883; Pullman’s P. C. Co. v. Harkins, 17 U. S. App., 22, 55 Fed. Rep., 

932- Press Pub Co v McDonald, 38 U. S. App., 557, 73 Fed. Rep., 440; U. S. v. Jewett, 84 Fed. Rep., 

142’ lOO Fed Rep , 832; U S. v. Davis, 103 Fed. Rep., 457; Tyler i>. U. S„ 106 Fed. Rep., 137; Conn. 

Mut. Life Ins. Co. v. Hillmori, 100 Fed. Rep., 834. 















96 


THE JUDICIARY.—Chs. 12-13. 


fofs^ce d on , ju 1 ryin S EC - 288. In any prosecution for bigamy, polygamy, or unlawful 
p°«* ution s for po- cohabitation, under any statute of the United States, it shall be a suffi- 

ygamy, e . - c i en t cause 0 f challenge to any person drawn or summoned as a j uror 

KfSVSWi ortalesman- 

supp.,’ 332 . First, that he is or has been living in the practice of bigamy, polyg¬ 

amy, or unlawful cohabitation with more than one woman, or that 
he is or has been guilty of an offense punishable either by sections one 
or three of an Act entitled “An Act to amend section fifty-three 
hundred and fifty-two of the Revised Statutes of the United States, 
in reference to bigamy, and for other purposes,” approved March 
twenty-second, eighteen hundred and eighty-two, or by section fifty- 
three hundred and fifty-two of the Revised Statutes of the United 
States, or the Act of July first, eighteen hundred and sixty-two, 
entitled “An Act to punish and prevent the practice of polygamy in 
the Territories of the United States and other places, and disapprov¬ 
ing and annulling certain Acts of the legislative assembly of the 
Territory of Utah ”; or 

Second, that he believes it right for a man to have more than one 
living and undivorced wife at the same time, or to live in the practice 
of cohabiting with more than one woman. 

Any person appearing or offered as a juror or talesman, and chal¬ 
lenged on either of the foregoing grounds, may be questioned on his 
oath as to the existence of any such cause of challenge; and other 
evidence may be introduced bearing upon the question raised by such 
challenge; and this question shall be tried by the court. 

But as to the first ground of challenge before mentioned, the person 
challenged shall not be bound to answer if he shall say upon his oath 
that he declines on the ground that his answer may tend to criminate 
himself; and if he shall answer as to said first ground, his answer shall 
not be given in evidence in any criminal prosecution against him for 
any offense above named; but if he declines to answer on any ground, 
he shall be rejected as incompetent. 


CHAPTER THIRTEEN . 

GENERAL PROVISIONS. 


Sec. 

289. Circuit courts abolished; records of, 

to be transferred to district courts. 

290. Suits pending in circuit courts to be 

disposed of in district courts. 

291. Powers and duties of circuit courts 

imposed upon district courts. 

292. References to laws revised in this act 

deemed to refer to sections of act. 

293. Sections 1 to 5, Revised Statutes, to 

govern construction of this act. 


Sec. 

294. Laws revised in this act to be con¬ 

strued as continuations of existing 
laws. 

295. Inference of legislative construction 

not to be drawn by reason of ar¬ 
rangement of sections. 

296. Act may be designated as “The 
Judicial Code.” 


Sec. 289 . The circuit courts of the United States, upon the taking 
effect of this Act, shall be, and hereby are, abolished; and thereupon, 
on said date, the clerks of said courts shall deliver to the clerks or the 
district courts of the United States for their respective districts all 
the journals, dockets, books, files, records, and other books and 
papers of or belonging to or in any manner connected with said circuit 
courts; and shall also on said date deliver to the clerks of said district 
courts all moneys, from whatever source received, then remaining 
in the hands or under their control as clerks of said circuit courts, or 
received by them by virtue of their said offices. The journals, dockets, 




THE JUDICIARY.— Chs. 13-14. 


97 


books, files, records, and other books and papers so delivered to the 
clerks of the several district courts shall be and remain a part of the 
official records of said district courts, and copies thereof, when certi¬ 
fied under the hand and seal of the clerk of the district court, shall 
be received as evidence equally with the originals thereof; and the 
clerks of the several district courts shall have the same authority to 
exercise all the powers and to perform all the duties with respect 
thereto as the clerks of the several circuit courts had prior to the 
taking effect of this Act. 

Sec. 290. All suits and proceedings pending in said circuit courts 
on the date of the taking effect of this Act, whether originally 
brought therein or certified thereto from the district courts, shall 
thereupon and thereafter be proceeded with and disposed of in the 
district courts in the same manner and with the same effect as if 
originally begun therein, the record thereof being entered in the 
records of the circuit courts so transferred as above provided. 

Sec. 291. Wherever, in any law not embraced within this Act, any 
reference is made to, or any power or duty is conferred or imposed 
upon, the circuit courts, such reference shall, upon the taking effect 
or this Act, be deemed and held to refer to, and to confer such power 
and impose such duty upon, the district courts. 

Sec. 292. Wherever, in any law not contained within this Act, a 
reference is made to any law revised or embraced herein, such refer¬ 
ence, upon the taking effect hereof, shall be construed to refer to the 
section of this Act into which has been carried or revised the pro¬ 
vision of law to which reference is so made. 

Sec. 293. The provisions of sections one to five, both inclusive, of 
the Revised Statutes, shall apply to and govern the construction of 
the provisions of this Act. The words “this title,” wherever they 
occur herein, shall be construed to mean this Act. 

Sec. 294. The provisions of this Act, so far as they are substantially 
the same as existing statutes, shall be construed as continuations 
thereof, and not as new enactments, and there shall be no implication 
of a change of intent by reason of a change of words in such statute, 
unless such change of intent shall be clearly manifest. 

Sec. 295. The arrangement and classification of the several sec¬ 
tions of this Act have been made for the purpose of a more convenient 
and orderly arrangement of the same, and therefore no inference or 
presumption of a legislative construction is to be drawn by reason 
of the chapter under which any particular section is placed. 

Sec. 296. This Act may be designated and cited as “The Judicial 
Code.” 


CHAPTER FOURTEEN. 


REPEALING PROVISIONS. 


Sec. 

297. Sections, acts, and parts of acts re¬ 

pealed. 

298. Repeal not to affect tenure of office, 

or salary, or compensation of in¬ 
cumbents, etc. 


Sec. 

299. Accrued rights, etc., not affected. 

300. Offenses committed, and penalties, 

forfeitures, and liabilities incurred, 
how to be prosecuted and enforced. 

301. Date this act shall be effective. 


Sec. 297. The following sections of the Revised Statutes and Acts 
and parts of Acts are hereby repealed: 

Sections five hundred and thirty to five hundred and sixty, both 
inclusive; sections five hundred and sixty-two to five hundred and 
sixty-four, both inclusive; sections five hundred and sixty-seven to 
six hundred and twenty-seven, both inclusive; sections six hundred 




98 


THE JUDICIARY.— Ch. 14. 


and twenty-nine to six hundred and forty-seven, both inclusive; sec¬ 
tions six hundred and fifty to six hundred and ninety-seven, both 
inclusive; section six hundred and ninety-nine; sections seven hun¬ 
dred and two to seven hundred and fourteen, both inclusive; sections 
seven hundred and sixteen to seven hundred and twenty, both in¬ 
clusive; section seven hundred and twenty-three; sections seven 
hundred and twenty-five to seven hundred and forty-nine, both in¬ 
clusive; sections eight hundred to eight hundred and twenty-two, 
both inclusive; sections ten hundred and forty-nine to ten hundred 
and eighty-eight, both inclusive; sections ten hundred and ninety-one 
to ten hundred and ninety-three, both inclusive, of the Revised 
Statutes. 

“An Act to determine the jurisdiction of circuit courts of the 
United States and to regulate the removal of causes from State courts, 
and for other purposes," approved March third, eighteen hundred 
and seventy-five. 

Section five of an Act entitled “An Act to amend Section fifty- 
three hundred and fifty-two of the Revised Statutes of the United 
States, in reference to bigamy, and for other purposes," approved 
March twenty-second, eighteen hundred and eighty-two; but sections 
six, seven, and eight of said Act, and sections one, two, and twenty- 
six of an Act entitled “An Act to amend an Act entitled ‘An Act to 
amend section fifty-three hundred and fifty-two of the Revised Stat¬ 
utes of the United States, in reference to bigamy, and for other pur¬ 
poses/ approved March twenty-second, eighteen hundred and eighty- 
two," approved March third, eighteen hundred and eighty-seven, 
are hereby continued in force. 

“An Act to afford assistance and relief to Congress and the exec¬ 
utive departments in the investigation of claims and demands against 
the Government," approved March third, eighteen hundred and 
eighty-three. 

‘ ‘An Act regulating appeals from the supreme court of the Dis¬ 
trict of Columbia and the supreme courts of the several Territories," 
approved March third, eighteen hundred and eighty-five. 

“An Act to provide for the bringing of suits against the Gov¬ 
ernment of the United States," approved March third, eighteen hun¬ 
dred and eighty-seven, except sections four, five, six, seven, and ten 
thereof. 

Sections one, two, three, four, six, and seven of an Act entitled 
‘ ‘An Act to correct the enrollment of an Act approved March third, 
eighteen hundred and eighty-seven, entitled ‘An Act to amend sec¬ 
tions one, two, three, and ten of an Act to determine the jurisdiction 
of the circuit courts of the United States, and to regulate the removal 
of causes from State courts, and for other purposes/ approved 
March third, eighteen hundred and seventy-five," approved August 
thirteenth, eighteen hundred and eighty-eight. 

“An Act to withdraw from the Supreme Court jurisdiction of 
criminal cases not capital and confer the same on the circuit courts of 
appeals," approved January twentieth, eighteen hundred and ninety- 
seven. 

“An Act to amend sections one and two of the Act of March 
third, eighteen hundred and eighty-seven, Twenty-fourth Statutes at 
Large, chapter three hundred and fifty-nine," approved June twenty- 
seventh, eighteen hundred and ninety-eight. 

‘ ‘An Act to amend the seventh section of the Act entitled ‘An 
Act to establish circuit courts of appeals and to define and regulate in 
certain cases the jurisdiction of the courts of the United States, and 
for other purposes/ approved March third, eighteen hundred and 
ninety-one, and the several Acts amendatory thereto," approved 
April fourteenth, nineteen hundred and six. 


THE JUDICIARY.—Ch. 14. 


99 


All Acts and parts of Acts authorizing the appointment of United 
States circuit or district judges, or creating or changing judicial cir¬ 
cuits, or judicial districts or divisions thereof, or fixing or changing the 
times or places of holding court therein, enacted prior to February 
first, nineteen hundred and eleven. 

Sections one, two, three, four, five, the first paragraph of sec¬ 
tion six, and section seventeen of an Act entitled ‘ ‘An Act to create 
a commerce court, and to amend an Act entitled ‘An Act to regu¬ 
late commerce/ approved February fourth, eighteen hundred and 
eighty-seven, as heretofore amended, and for other purposes,” ap¬ 
proved June eighteenth, nineteen hundred and ten. 

Also all other Acts and parts of Acts, in so far as they are em¬ 
braced within and superseded by this Act, are hereby repealed; the 
remaining portions thereof to be and remain in force with the same 
effect and to the same extent as if this Act had not been passed. 

Sec. 29S. The repeal of existing laws providing for the appoint¬ 
ment of judges and other officers mentioned in this Act, or affecting 
the organization of the courts, shall not be construed to affect the 
tenure of office of the incumbents (except the office be abolished), 
but they shall continue to hold their respective offices during the 
terms for which appointed, unless removed as provided by law; nor 
(except the office be abolished) shall such repeal affect the salary 
or fees or compensation of any officer or person holding office or 
position by virtue of any law. 

Sec. 299. The repeal of existing laws, or the amendments thereof, 
embraced in this Act, shall not affect any act done, or any right 
accruing or accrued, or any suit or proceeding, including those 
pending on writ of error, appeal, certificate, or writ of certiorari, in 
any appellate court referred to or included within, the provisions of 
this Act, pending at the time of the taking effect of this Act, but all 
such suits and proceedings, and suits and proceedings for causes 
arising or acts done prior to such date, may be commenced and 
prosecuted within the same time, and with the same effect, as if said 
repeal or amendments had not been made. 

Sec. 300 . All offenses committed, and all penalties, forfeitures, 
or liabilities incurred prior to the taking effect hereof, under any 
law embraced in, amended, or repealed by this Act, may be prose¬ 
cuted and punished, or sued for and recovered, in the district courts, 
in the same manner and with the same effect as if this Act had not 
been passed. 

Sec. 301 . This Act shall take effect and be in force on and after 
January first, nineteen hundred and twelve. 

Approved March 3, 1911. 





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. 















. 
















• 









































• 
























. • 









INDEX 


ABANDONED PROPERTY. Sec. 

jurisdiction of Court of Claims. 162 

ALASKA. 

writs of error and appeals from, to circuit 

courts of appeals; where heard.134-135 

writs of error and appeals from, to Supreme 

Court. 247 

ALIENS. 

removal of suits by. 34 

APPEAL. 

(See Writs.) 

ARIZONA. 


appeals and writs of error from supreme 
court of, to Supreme Court of United 


States. 245 

writs of error and appeals from, to circuit 

court of appeals. 133 

ATTORNEY GENERAL, 
to appear for United States in suits against 

it in Court of Claims. 185 

to distribute reports of Supreme Court and 

digests. 227 

to procure complete sets of Federal Re¬ 
porter and digests. 229 

to report to Congress suits in which Court of 

Claims has rendered final judgment... 183 

BAILIFFS. 

of district courts; how appointed. 5 

CAPITAL CASES. 

where triable. 40 

CAUSES. 

civil; may be transferred to another divi¬ 
sion of district by agreement. 58 

criminal; district courts to hold monthly 

adjournments for trial of. 10 

in district courts; not to be discontinued by 

arrival of time for new term. 8 

parties may manage own, personally. 272 

removal of— 

by aliens. 34 

attachment bonds, orders, etc., to remain 

valid. 36 

when copies of records are refused by 

clerk or State court. 35 

dismissal of suits improperly brought... 37 

under grants of land from different 

States. 30 

against persons denied civil rights. 31 

when petitioner is in custody of State 

court. 32 | 

proceedings in suits for. 38 

procedure for. 

against revenue officers.33 

from State to United States district 

courts. 28 

time for filing record, etc. 39 

CERTIORARI. 

to circuit courts of appeals from Supreme 

Court.- 240 

to Court of Appeals, District of Columbia, 

from Supreme Court. 251 


CHIEF JUSTICE. 

assignment of, to circuits. 

may designate judge to hold court in an¬ 
other district. 

may make new designations and revoca¬ 
tions . 

oath of. 

salary of. 

service of, in circuit courts of appeals. 

vacancy in office of; how filled temporarily. 

CHINESE EXCLUSION LAWS, 
district courts to have appellate jurisdic¬ 
tion under. 

CIRCUIT COURTS. 

abolishment of; transfer of records. 

powers and duties of, imposed upon dis¬ 
trict courts, after Jan. 1, 1912. 

suits pending in, on taking effect of act to 
be transferred to district courts. 

CIRCUIT COURTS OF APPEALS. 

allotment of justices to circuits. 

allotment of justices to; designation of 

terms used. 

appeals to, in proceedings for injunctions 

and receivers. 

appeals to, from U. S. court for China. 

appeals and writs of error allowed by 

Supreme Court. 

appellate and supervisory jurisdiction 

under bankruptcy act.. 

certiorari to, from Supreme Court. 

clerks of; appointment and duties. 

creation and constitution of. 

deputy clerks of; appointment and duties; 

removal. 

judges allotted to each circuit. 

judicial circuits; territory comprising. 

jurisdiction of; when judgment final. 

marshals of; duties. 

may certify questions to Supreme Court for 

instructions. 

powers and duties of judge of, as to allow¬ 
ance of appeals. 

rooms for court; how provided. 

seals, forms of writs and rules. 

service of Chief Justice, justices, and dis¬ 
trict judges in. 

terms of... 

writs of error and appeals to, from district 

court of Alaska; exception.. 

writs of error and appeals to, from district 

court of Alaska; where heard. 

writs of error and appeal to, for ninth cir¬ 
cuit, from United States Court for 

China. 

writs of error and appeals to, from supreme 
. courts of Arizona and New Mexico_ 

CIRCUIT JUDGES. 

appointment and assignment to Commerce 

Court._. 

appointment and compensation of. 


Sec. 

119 

15 

16 
257 
218 

120 
217 


25 


289 
291 

290 


119 
121 

129 

131 

241 

130 
240 

124 

117 

125 

118 
116 
128 
123 

239 

132 
127 
122 

120 

126 

134 

135 


131 

133 


201 

118 


i 





































































INDEX. 




CIRCUIT JUDGES—Continued. Sec. 

designation of, to hold district court, when 

public interest requires. 18 

duties of, in case of designation. 19 

each to reside within his circuit. 118 

injunctions; when granted by. 264 

may designate district judge in case of disa¬ 
bility of another judge. 13 

may designate district judge when public 

interest requires. 17 

may designate district judge when urgency 

of business demands. 14 

may make new designations and revoca¬ 
tions. 16 

number of, in each circuit... 118 

oath of. 257 

power to hold to security for the peace and 

good behavior.. 270 

powers and duties of, as to allowance of 

appeals... 132 

prohibited from practicing law. 258 

shall make division of business in district 
courts in case of disagreement of dis¬ 
trict judges. 23 

traveling expenses of. 259 

CIVIL RIGHTS. 

jurisdiction of district courts in suits in¬ 
volving . 24 

removal of causes against persons denied. 31 

CLERKS OF COURTS. 

not to act as attorney; penalty. 273, 274 

of circuit courts of appeals; appointment 

and duties. 124 

of Commerce Court; appointment, salary, 

etc... 202 

of Court of Customs Appeals; appointment, 

salary, duties. 191 

of district courts; appointment of. 3 

deputies to act in case of death of. 4 

may adjourn court in absence of judge.. 12 

may appoint deputy clerks. 4 

of Supreme Court; appointment of. 219 

to give bond. 220 

COMMERCE COURT. 

additional circuit judges; appointment and 

assignment. 201 

always open for business; sessions of. 203 

assignment of judges to other duty; vacan¬ 
cies . 205 

Attorney General to control cases; excep¬ 
tions . 212 

clerk of; salary, duties. 202 

complainants may appear and be made 

parties to case. 213 

creation of. 200 

final judgments and decrees re viewable in 

Supreme Court. 210 

injunctions, restraining orders of Inter¬ 
state Commerce Commission. 208 

judges of; assignment; salaries; allowances, 

etc. 200 

jurisdiction of. 207 

jurisdiction of; how invoked; practice and 

procedure. 209 

marshal of; salary, duties. 202 

powers of, and of judges; writs and process; 

procedure. 206 

rooms for holding court... 204 

suits in, to be brought against United States 211 
suits to enjoin, etc., orders of Interstate 

Commerce Commission. 208 

transfer of pending cases to; exceptions; 

status of each case... 214 


COMMISSIONERS. Sec. 

to administer oaths to appraisers of seizures. 61 
fees of, when taking testimony for Court of 

Claims. 171 

power of, to enforce awards of foreign con¬ 
suls, etc. 271 

to take testimony for Court of Claims. 163 

COMPTROLLER OF CURRENCY. 

proceedings to enjoin. 49 

CONTEMPTS. 

power of courts to punish. 268 

punishment of, in Court of Claims. 157 

COPYRIGHT LAWS. 

district courts to have original jurisdiction 

of suits under. 24 

judgment of circuit court of appeals final in 

cases affecting. 128 

COURT OF CLAIMS. 

abandoned property claims; jurisdiction. 162 

aliens may prosecute claims in. 155 

allowance of accounts of disbursing officers. 147 

allowance of costs to prevailing party. 152 

appeals; procedure. 181 

appeals in Indian cases. 182 

appeals from, to Supreme Court. 242 

appeals from, to Supreme Court; time and 

manner of. 243 

Attorney General to appear for defense.... 185 

Attorney General to report to Congress suits 

in which judgment has been rendered. 183 
certain claims may be referred to, by either 
House of Congress; exception; proced¬ 
ure; judgments. 151 

claims to be brought in six years; excep¬ 
tions. 156 

claims forfeited for fraud... 172 

claims pending in other courts excluded... 154 

claims referred by executive departments— 

judgments; how paid. 150 

jurisdiction; procedure; decrees. 148 

procedure same as in other claims. 149 

claims under act of June 16,1874; (Fourth 

of July claims). 173 

commissioners— 

to administer oaths to witnesses. 170 

fees of. 171 

to take testimony. 163 

contingent fund of; how disbursed. 142 

debtors to United States may have amount 

due ascertained; judgment. 180 

examination of claimant... 166 

interest not allowed on claims. 177 

judgments— 

final, bar to further claim. 179 

onset-offs, etc.; enforcement. 146 

payment of, full discharge to United 

States. 178 

judges of; appointment, oath, salary, etc.. 136 

jurisdiction of. 145 

loyalty— 

burden of proof and evidence. 161 

a jurisdictional fact in certain cases. 184 

may call upon departments for information. 164 

Members of Congress not to practice in_ 144 

new trials— 

on motion of Untited States .. 175 

when granted. 174 

oaths, acknowledgments, etc... 158 

officers of. 139 

bond of chief clerk. 141 

salaries. 140 


f 























































































INDEX. 


COURT OF CLAIMS—Continued, 
petitions— 

dismissal of, if loyalty not proved. 

statements required to be made in; 

verification. 

printing record; cost of; how taxed. 

report to be made to Congress annually; 

copies to be furnished departments.... 
reports of, to Congress to be continued until 

acted upon. 

rules of practice; punishment for con¬ 
tempt. 

seal of. 

sessions of; quorum. 

testimony ; where to be taken. 

treaty claims not in jurisdiction of. 

when testimony not to be taken. 

witnesses— 

no person to be excluded on account of 
color, or because of being a party to or 

interested in the suit. 

cross-examinations. 

examination of before commissioners.... 

examinations under oath. 

COURT OF CUSTOMS APPEALS. 

always open for business; terms. 

appeals from Board of General Appraisers— 

reviewable only by; exceptions. 

time within which appeals can be 

taken. 

finality of decisions. 

assistant clerk and stenographic clerks of; 

appointment, etc..... 

bailiffs and messengers of. 

clerk of; appointment, salary, duties. 

creation of. 

to be a court of record; general powers of.. 
judges of— 

appointment; salaries.. 

when expenses allowed. 

jurisdiction—exclusive, to review final 
decisions of board of general appraisers. 
marshal of; appointment, salary, and duties, 
record to be placed at once on calendar; 

call of calendar... 

reporter; appointment, salary, duties. 

review of pending cases; transfers, comple¬ 
tion of testimony. 

rooms for holding court. 

CRIERS. 

of district courts; how appointed. 

CRIMES AND OFFENSES. 

jurisdiction over, of district courts. 

CRIMINAL CAUSES, 
district courts to hold monthly adjourn¬ 
ments for trial of. 

DEPUTY CLERKS. 

of circuit courts of appeals; appointment 

and duties of; removal. 

of Commerce Court; appointment, etc. . .. 
of district courts; appointment and duties 

of; removal. 

of Supreme Court; appointment; removal, 

etc. 

DISTRICT OF COLUMBIA, 
appeals and writs of error from Court of 
Appeals of, to Supreme Court of 

United States. 

appellate jurisdiction of Supreme Court 
of United States in bankruptcy cases.. 
certiorari to Court of Appeals of, from 

Supreme Court. 

women entitled to practice before Court 
of Appeals of, may. practice before 
Supreme Court of United States. 

64100—12-8 


iii 


DISTRICT COURTS. Sec. 

adjournment of, on non-attendance of 

judge........' 12 

always open as courts of admiralty and 

equity. 9 

appeals and writs of error from, to Supreme 

Court. 238 

capital cases; where triable. 40 

certain persons not to be receivers or mas¬ 
ters . 68 

civil causes may be transferred to another 

division of district on agreement. 58 

civil suits; where brought. 51 

clerks of; appointment. 3 

criers and bailiffs of; appointment. 5 

commissioners may administer oaths to 

appraisers of seizures... 61 

condemnation of property employed in 

insurrection, where cognizable. 46 

creation of new district, not to divest lien, 

etc. 60 

. creation of new district or division; where 

prosecutions instituted. 59 

criminal causes; monthly adjournments for 

trial of. 10 

district judge to compel delivery of records 

of territorial court. 63 

establishment of. 1 

judges of; appointment; residence. 1 

judicial districts. 69 

divisions, terms, and special provisions 

relating to the several States.70-115 

jurisdiction of, in cases transferred from 

territorial courts. 64 

jurisdiction in patent cases. 48 

jurisdiction of; appellate— 

under Chinese exclusion laws. 25 

over Yellowstone National Park. 26 

jurisdiction of; original— 

of admiralty causes, seizures, etc. 24 

of cases under internal revenue, customs, 

etc. 24 

of civil suite at common law or in equity 24 

of crimes on Indian reservations in South 

Dakota. 27 

of crimes and offenses. 24 

of partition suits where United States is 

joint tenant. 24 

of penalties and forfeitures. 24 

of slave trade. 24 

of suitB by aliens for torts. 24 

of suits concerning allotments of land to 

Indians. 24 

of suits against consuls and vice consuls. 24 

of suits on debenture.. 24 

of suits under immigration and contract 

labor laws. 24 

of suits for injuries on account of acts 
done under laws of United States...... 24 

of suits against national banking associa¬ 
tions.-.. 24 

of suits under patent, copyright and 

trade-mark laws.... 24 

of suits against persons having knowledge 

of conspiracy.. 24 

of suits under postal laws... 24 

of suits and proceedings in bankruptcy.. 24 

of suits to recover certain offices....; 24 

of suits to redress deprivation of civil 

rights. 24 

of suits relating to civil rights.... 24 

of suits against trusts, monopolies, etc... 24 

of suits against United.States. 24 

of suits for unlawful inclosure of public 
lands. 24 


Sec. 

160 

159 

176 

143 

187 

157 

137 

138 

167 

153 

165 

188 

169 

168 

170 

189 

196 

198 

198 

192 

193 

191 

188 

194 

188 

189 

195 

190 

199 

192 

197 

193 

5 

24 

10 

125 

202 

4 

221 

250 

252 

251 

255 





















































































IV 


INDEX. 


DISTRICT COURTS—Continued, 
jurisdiction of; original—Continued, 
of suits for violation of interstate com¬ 
merce laws; exception. 

where United States are plaintiffs. 

offenses begun in one district and com¬ 
pleted in another. 

offenses on high seas; where triable. 

power to enforce awards of foreign consuls, 

etc. 

proceedings to enjoin Comptroller of the 

Currency. 

proceedings on seizures for forfeiture of 

vessels, etc.; where cognizable. 

procedure against several defendants. 

receivers to manage property according to 

State laws. 

records of, where kept. 

relation of judge not to be appointed to 

office. 

removal of causes— 

by aliens. 

attachment bonds, orders, etc., to remain 

valid. 

dismissal of suits improperly brought.... 
under grants of land from different States, 
against persons denied civil rights, etc.. 

proceedings in suits for. 

procedure for. 

against revenue officers, etc. 

from State to United States district 

courts.. ; . 

time for filing record, etc. 

when copies of records are refused by 

clerk of State court. 

when petitioner is in actual custody of 

State court. 

seizures, where cognizable. 

suits— 

in districts containing more than one 

division; venue of. 

to enforce liens, etc.; venue of. 

for internal-revenue taxes; venue of. 

of a local nature; venue of. 

where property lies in different States 
in same circuit; venue of; authority of 

receiver.. 

where property lies partly in one dis¬ 
trict and partly in another; venue of.. 

against receivers. 

for recovery of penalties and forfeitures; 

venue of... 

in States having more than one district; 

venue of. 

terms of; effect of altering. 

terms of; special, when held. 

transfer of records upon admission of Ter¬ 
ritory as a State. 

trials not discontinued by new term. 

DISTRICT JUDGES. 

appointment of; residence. 

to compel delivery of court records of Ter¬ 
ritory upon admission as a State. 

compensation of. 

death of; proceedings to be continued.... 

in case of disability of judge. 

in case of personal bias or prejudice... 

by Chief Justice. 

when interested or related to parties ... 

when public interest requires. 

designation of— 

in case of accumulation of business.... 

duties of, in case of designation. 

granting of temporary restraining orders... 


DISTRICT JUDGES—Continued. Sec. 

injunctions; when granted by. 264 

may agree on division of business. 23 

non-attendance of; adjournment__ .. 12 

not to act when interested or related to 

parties. 20 

oath of. 257 

power to hold to security for the peace and 

good behavior. 270 

prohibited from practicing law.'. 258 

service of, in circuit courts of appeals; dis¬ 
qualification . a. 120 

traveling expenses of. 259 

vacancy in office of; how filled; not to affect 

process, etc. 22 

ERROR AND APPEAL. 

(See Writs.) 

FEDERAL REPORTER. 

purchase and distribution of. 229 

GENERAL PROVISIONS. 

act may be designated as “ The Judicial 

Code”. 296 

circuit courts abolished; transfer of records 

to district courts. 289 

inference of legislative construction not to 

be drawn from arrangement of sections. 295 
laws revised in this act to be construed as 

continuations of existing laws. 294 

powers and duties of circuit courts imposed 

upon district courts. 291 

references to laws revised in act deemed 

to refer to sections of act. 292 

sections 1 to 5, Revised Statutes, to govern 

construction of act. 293 

suits pending in circuit courts to be disposed 

of in district courts. 290 

HAWAII. 

appeals and writs of error from supreme 
court of, to Supreme Court of United 

States... 246 

decisions of district court of, reviewable 
by circuit court of appeals, ninth cir¬ 
cuit; exceptions. 128 

INDIAN RESERVATIONS, 
district court to have appellate jurisdic¬ 
tion of crimes on, in South Dakota... 27 

INJUNCTIONS. 

to annul or suspend orders of Interstate 
Commerce Commission; to be brought 

in Commerce Court. 208 

appeals to circuit courts of appeals in pro¬ 
ceedings for. 129 

based upon alleged unconstitutionality of 
State statutes; when and by whom 

granted. 266 

granting of temporary restraining orders.. 263 

to stay proceedings in State courts. 265 

in what cases judges may grant. 264 

JUDGES. 

(See also Circuit judges, District judges, 
etc.) 

oath of. 257 

prohibited from practicing law. 258 

salary of. after resignation. 260 

JUDICIAL CIRCUITS. 

districts embraced in. 116 

JUDICIAL DISTRICTS. 

division of States into; times and places of 
holding court, and special provisions 

relating to the several States.70-115 

Alabama. 70 

Arkansas. 71 


Sec. 

24 

24 

42 

41 

271 

49 

47 

50 

65 

6 

67 

34 

36 

37 

30 

31 

38 

29 

33 

28 

39 

35 

32 

45 

53 

57 

44 

54 

56 

55 

66 

43 

52 

7 

11 

62 

8 

1 

63 

2 

22 

13 

21 

15 

20 

17 

14 

19 

263 











































































INDEX. 


JUDICIAL DISTRICTS—Continued. 

California. 

Colorado. 

Connecticut. 

Delaware. 

Florida. 

Georgia. 

Idaho.. 

Illinois. 

Indiana. 

Iowa. 

Kansas. 

Kentucky. 

Louisiana. 

Maine. 

Maryland. 

Massachusetts. 

Michigan. 

Minnesota. 

Mississippi. 

Missouri. 

Montana. 

Nebraska. 

Nevada. 

New Hampshire. 

New Jersey. 

New York. 

North Carolina. 

North Dakota... T ... 

Ohio. 

Oklahoma. 

Oregon. 

Pennsylvania.;. 

Rhode Island. 

South Carolina.. . 

South Dakota. 

Tennessee..<. 

Texas. 

Utah. 

Vermont. 

Virginia. 

Washington. 

West Virginia. 

Wisconsin. 

Wyoming. 

JURISDICTION. 

of courts (see Titles of the several courts), 
of United States courts; cases in which 
exclusive of State courts... 

JURORS. 

challenges. 

grand— 

discharge of. 

foreman of. 

number of. 

when summoned... 

how apportioned in district. 

how drawn. 

not to serve more than once a year. 

petit; talesman for.. 

qualifications and exemptions of. 

qualifications in prosecutions for bigamy, 

etc. 

race, color, etc., not to exclude. 

for special juries. 

venire; how issued and served. 

JUSTICES OF THE SUPREME COURT. 

allotment of, to circuits. 

“ circuit justice ” to whom term shall 

apply.-. 

injunctions; when granted by. 

number of, comprising Supreme Court.... 
oath of. 


V 


JUSTICES OF THE SUPREME Sec. 

COURT—Continued, 
power to hold to security for the peace and 

good behavior. 270 

precedence of. 216 

salaries of. 218 

service of, in circuit courts of appeals. 120 

traveling expenses of. 259 

LIENS. 

absent defendants in suits to enforce. 57 

not affected by creation of new district; 

how enforced. 60 

MARSHALS. 

of circuit courts of appeals; duties. 123 

of Commerce Court; appointment; salary, 

etc. 202 

of Court of Customs Appeals; appoint¬ 
ment; salary; duties. 190 

of district courts; may adjourn court in 

absence of judge. 12 

of district courts; may appoint bailiffs, etc. 5 

of Supreme Court; appointment; salary; 


to provide rooms for circuit courts of ap¬ 
peals. 127 

to provide rooms for Commerce Court. 204 

to provide rooms for Court of Customs Ap¬ 
peals. 193 

MASTERS. 

certain persons not eligible. 68 


MEMBERS OF CONGRESS. 

not to practice in Court of Claims; penalty 144 
NATIONAL BANKS, 
proceedings by, to enjoin Comptroller of 


Currency.-. 49 

NEW MEXICO. 

appeals and writs of error from Supreme 
Court of, to Supreme Court of United 

States.245 

writs of error and appeals from, to circuit 

courts of appeals. 133 

NEW TRIALS. 

power of courts to grant. 269 

OATHS. 

commissioners to administer, to appraisers 

of seizures.. 61 

power of courts to administer. 268 

OFFENSES. 

begun in one district and completed in 

another. 42 

on the high seas; where triable. 41 

prosecutions for, in new districts. 59 

PATENTS. 

judgments of circuit courts of appeals final 

in cases affecting. 128 

jurisdiction in suits for infringement of.... 48 

PERSONAL BIAS. 

Procedure when affidavit of, of judge, is 

filed. 21 

PHILIPPINE ISLANDS. 

appeals and writs of error from Supreme 
Court of, to Supreme Court of United 
States.:. 248 

PORTO RICO. 

appeals and writs of error from courts of, 

to Supreme Court. 244 

PROCESSES. 

to continue if office of judge becomes 

vacant...- - 22 


Sec. 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

97 

98 

99 

100 

101 

102 

103 

104 

105 

106 

107 

108 

109 

110 

111 

112 

113 

114 

115 

256 

287 

285 

283 

282 

284 

277 

276 

286 

280 

275 

288 

278 

281 

279 

119 

121 

264 

215 

257 

































































































VI 


INDEX. 


RECEIVERS. 

appeals to circuit courts of appeals in 

proceedings for appointment of. 

certain persons not eligible. 

to manage property according to State 

laws; punishment for violation. 

suits against. 

RECORDS. 

copies of, refused by State court; pro¬ 
cedure. 

of district courts; where kept. 

district judge to compel delivery of, of 

Territorial court. 

transfer of— 

of circuit court, to district court. 

when a Territory becomes a State. 

REMOVAL OF CAUSES. 

(See under Causes and District courts.) • 
REPEALING PROVISIONS. 

accrued rights, etc., not affected. 

date act takes effect.,. 

offenses committed, etc., prior to taking 
effect of act; how prosecuted, etc.... 
repeal not to affect tenure of office, or sal¬ 
ary, etc. 

sections, acts, etc., repealed. 

SEIZURES., 

for forfeiture of vessel, etc.; where cogniz¬ 
able. 

of property employed in aid of insurrection; 

where cognizable. 

jurisdiction of district courts Of. 

proceedings on, where cognizable. 

SOUTH DAKOTA. 

Indian reservations in; jurisdiction of 
crimes on.... 

SUITS. 

in districts containing more than one 

division... 

to enforce liens; absent defendants. 

to enjoin Interstate Commerce Commis¬ 
sion; where brought. 

in equity; when maintained. 

under grants of land from different States. 

improperly brought; dismissal. 

for internal-revenue taxes. 

jurisdiction of district courts of. 

by aliens for torts. 

of civil nature. 

concerning allotments of land to Indians. 

concerning civil right. 

against consuls and vice-consuls. 

on debentures. 

in equity where United States is joint 

tenant. 

under immigration and contract labor 

laws. 

for injuries on account of acts done under 

laws of United States. 

in matters and proceedings in bank¬ 
ruptcy...... 

against national banking associations... 
under patent, copyright, and trade¬ 
mark laws. 

for penalties and forfeitures. 

against persons having knowledge of 

conspiracy. 

under postal laws. 

to recover certain offices. 

to redress the deprivation, under color of 

law, of civil rights. 

relating to slave trade. 

against trusts, monopolies, etc. 

against United States. 


SUITS—Continued. Sec. 

jurisdiction of district courts of—Cont’d. 

for unlawful inclosure of public lands... 24 

for violation of interstate commerce 

laws; exception. 24 

of local nature; where to be brought. 54 

procedure for removal of, from State courts 

to United States district courts. 29 

against receivers. 66 

removal of— 

by aliens. 34 

attachment of goods, etc. 36 

against persons denied civil rights. 31 

proceedings in. 3b 

from State to United States district 

courts. 28 

time for filing record, etc. 39 

against revenue officers. 33 

in States containing more than one dis¬ 
trict. 52 

SUPREME COURT. 

adjournment of, for want of quorum. 231 

appeals to, from Court of Claims. 242 

appeals to, from Court of Claims; time and 

manner of. 243 

appeals and writs of error to— 

from Circuit Courts of Appeals. 241 

from Court of Appeals of District of Co¬ 
lumbia . 250 

from courts of Porto Rico. 244 

from district court of Alaska. 247 

from supreme courts of Arizona and New 

Mexico. 245 

from supreme court of Hawaii. 246 

from supreme court of Philippine Is¬ 
lands. 248 

from Territory after it becomes a State.. 249 

from United States district courts. 238 

certiorari to Circuit Court of Appeals. 240 

certiorari to Court of Appeals, District of 

Columbia. 251 

Chief Justice— 

salary of. 218 

vacancy in office of; how filled tempo¬ 
rarily. 217 

Circuit Courts of Appeals may certify ques¬ 
tions to, for instructions. 239 

clerk of— 

appointment. 219 

to give bond. 221 

deputy clerk of; appointment; removal, 

etc. 220 

Federal Reporter; purchase and distribu¬ 
tion of. 229 

issues of fact; how tried. 235 

jurisdiction of— 

appellate, under the bankruptcy act.... 252 

appellate, specially provided for. 236 

original; exclusive. 233 

justices of—■ 

number; quorum. 215 

precedence of. 216 

salaries. 218 

marshal of— 

appointment. 219 

salary; duties. 224 

orders may be made by less than a quorum. 232 

records of; cost of printing. 254 


reporter of— 

appointment. 219 

to publish decisions of court, etc. .. 225 

salary and allowances... 226 

reports of; limitation upon cash for addi¬ 
tional . 228 


See. 

129 

68 

65 

66 

35 

6 

63 

289 

62 

299 

301 

300 

298 

297 

47 

46 

24 

45 

27 

53 

57 

208 

267 

30 

37 

44 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 

24 



























































































INDEX. 


SUPREME COURT—Continued. 

reports and digests of; distribution. 

tables of fees. 

terms of. 

women may be admitted to practice before. 

writs of prohibition and mandamus. 

writs of error to State courts— 

precedence of. 

when allowed. 

TERMS OF COURT. 

of Circuit Courts of Appeals. 

of the Commerce Court. 

of Court of Claims. 

of Court of Customs Appeals. 

of District courts— 

adjournment of in case of non-attendance 
of judges— 

effect of changing, on suits, etc. 

special, when held. 

of Supreme Court. 

TRUSTS. 

Suits against, to be brought in district 
courts. 

UNITED STATES COURT FOR 
CHINA. 

appeals from, to circuit court of appeals, 

ninth circuit. 

WRITS, 
of certiorari— 

to circuit courts of appeals... 

to Court of Appeals of District of Colum¬ 
bia, from the Supreme Court. 

circuit courts of appeals to prescribe forms 

of, in their jurisdiction. 

of error and appeal— 
from Alaska to circuit court of appeals 
for Ninth Circuit. 


vii 


WRITS—Continued. Sec. 

of error and appeal—Continued, 
from Alaska, to circuit court of appeals; 

where heard. 135 

from Alaska to Supreme Court. 247 

to Court of Appeals, District of Colum¬ 
bia, from Supreme Court. 250 

from circuit court of appeals; power of 

judges as to allowance of. 132 

from courts of Porto Rico to Supreme 

Court. 244 

from district courts to Supreme Court... 238 

to State courts; precedence of. 253 

from State courts to Supreme Court. 237 

to Supreme Court in all cases where 
judgment of circuit court of appeals not 

final. 241 

from Supreme Courts of Arizona and New 

Mexico to circuit court of appeals. 133 

from supreme courts of Arizona and New 

Mexico to Supreme Court. 245 

from supreme court of Hawaii to Supreme 

Court. 246 

from Supreme Court of Philippine Islands 

to Supreme Court. 248 

when Territory becomes a State. 249 

from United States court for China to cir¬ 
cuit court of appeals. 131 

of injunction (see Injunctions). 

of ne exeat; how granted. 261 

of prohibition and mandamus, by Supreme 

Court....... 234 

of scire facias; power to issue. 262 

YELLOWSTONE NATIONAL PARK. 

district courts to have appellate jurisdic¬ 
tion over. 26 


Sec. 

227 

223 

230 

255 

234 

253 

237 

126 

203 

138 

189 

7 

11 

230 

24 

131 

240 

251 

122 

134 


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